Boston & Maine Railroad v. National Orange Co.
Massachusetts Supreme Judicial Court
Contract to recover the freight charges due on successive carloads of oranges shipped by the defendant from California on various dates from August 2 to September 15, 1915, and consigned to one Crimmins, under the name M. V. Crimmins Company, under bills of lading containing the stipulation quoted in the opinion.
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Contract to recover the freight charges due on successive carloads of oranges shipped by the defendant from California on various dates from August 2 to September 15, 1915, and consigned to one Crimmins, under the name M. V. Crimmins Company, under bills of lading containing the stipulation quoted in the opinion. Writ dated October 29, 1915. In the Superior Court the case was heard by Cox, J., without a jury, upon an agreed statement of facts and the testimony of one Baker, an employee of the plaintiff. The evidence is described in the opinion. The judge found that Baker must have known that…
1Opinion of the CourtBraley, J.
It appears from the record that under an arrangement with one Crimmins, the consignee in the bills of lading,' the carloads of fruit in question were to be sold by him at auction and, after deducting the freight charges and his commissions, the proceeds were to be remitted to the defendant, the owner and consignor. While the consignee from time to time submitted statements in which he apparently accounted for what had been received on all shipments except the last, and a portion of the shipment immediately preceding the last shipment, he uniformly had failed to pay any of the freight charges,…
2Cases cited3 opinions
- Finn v. Western RailroadMassachusetts Supreme Judicial Court · 1873
- Metz Co. v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1917
- New York Central & Hudson River Railroad v. York & Whitney Co.Massachusetts Supreme Judicial Court · 1918
3Cited by7 opinions
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
- American Railway Express Co. v. Mohawk Dairy Co.Massachusetts Supreme Judicial Court · 1924
- Cleveland C., C. & St. L. Ry. Co. v. Southern Coal & Coke Co.Tennessee Supreme Court · 1922
- New York Central Railroad v. Federal Sugar Refining Co.New York Court of Appeals · 1923
- Southern Pacific Co. v. Oregon Growers Co-Operative Ass'nOregon Supreme Court · 1928
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