Kansas City Southern Railway Co. v. C. H. Albers Commission Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. The facts, which involve the right of recovery from an interstate carrier of difference between contract rates and rates actually charged, and the validity, under the Interstate Commerce Laws,, of the rates contracted for and collected, are stated in the opinion. This is not an action to in any way regulate commerce among the States, but simply an action to recover on a contract.
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ERROR TO THE SUPREME COURT OF THE STATE OF KANSAS. The facts, which involve the right of recovery from an interstate carrier of difference between contract rates and rates actually charged, and the validity, under the Interstate Commerce Laws,, of the rates contracted for and collected, are stated in the opinion. This is not an action to in any way regulate commerce among the States, but simply an action to recover on a contract. The common-law right of a state court to hear and determine actions of this kind has never been questioned. Texas & P. R. Co. v. Abilene Cotton Oil Co., 204 U. S.…
1Opinion of the CourtJustice Van Devanter
This was a proceeding in garnishment under the laws of the State of Kansas. The C. H. Albers Commission Company had recovered a judgment in the District Court of Crawford County, in that State, against Robert L. Forrester and Joseph M. Forrester, doing business as Forrester Brothers, in the sum of $10,333.72, with interest, and had brought the Kansas City Southern Railway Company into the case, as a garnishee, upon a general allegation that it was indebted to' Forrester Brothers. The railway company, which will be spoken of as the garnishee, appeared and denied that allegation. Under the…
2Cases cited12 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Huntington v. AttrillSupreme Court of the United States · 1892
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Stanley v. SchwalbySupreme Court of the United States · 1896
- Robinson v. Baltimore & Ohio RailroadSupreme Court of the United States · 1912
7 more not listed; retrieve them via the Exa API.
3Cited by131 opinions
- Truax v. CorriganSupreme Court of the United States · 1921
- Sterling v. ConstantinSupreme Court of the United States · 1932
- Gallegos v. NebraskaSupreme Court of the United States · 1951
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1915
- Hooven & Allison Co. v. EvattSupreme Court of the United States · 1945
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