Fullerton Lumber Co. v. Chicago, Milwaukee, St. Paul & Pacific Railroad

Mr. Justice Brandéis

delivered the opinion of the Court.

The Chicago, Milwaukee, Saint Paul &' Pacific Railroad Company brought this action in the federal court for Minnesota to recover from the Fullerton Lumber Company freight charges on a carload of coal shipped1 to it. The case was tried without a jury. The defence was payment. It appeared that, upon delivery of the car, the carrier had, as customary, accepted the defendant’s check oh a local bank for the amount of the charges; that it had delayed presenting the cheek for payment; and that meanwhile the bank had failed. The defendant…