C. & N. Rwy. Co. v. Picard

Opinion by

Keller, J.,

Defendant, the consignee under an order bill of lading of a car of bran, notified the plaintiff , in writing to reconsign the shipment to his, defendant’s, own order at Milford, Delaware, Pennsylvania Railroad delivery, “Notify J. E. Holland;” and in the reconsignment order requested the plaintiff company to “prepay freight and all charges.” The plaintiff did so, the car was delivered as ordered, and the plaintiff brought this action for the freight charges.

Defendant seeks to escape payment by averring in his affidavit of defense that on March 6, 1924, two days after he…