Legal Opinion
IMPORTS, ETC., LTD., a Missouri Corporation, Appellee, v. ABF FREIGHT SYSTEM, INC., a Delaware Corporation, Appellant
Court of Appeals for the Eighth Circuit
Decided February 8, 1999No. 98-1780EMPublishedCited by 4 opinions
1Opinion of the Court
RICHARD S. ARNOLD, Circuit Judge.
Imports, Etc., Ltd. brought this case against ABF Freight Systems, Inc., claiming that ABF violated the terms of the parties’ delivery contract by accepting a form of COD payment not specified in their agreement. The District Court1 found in favor of Imports, and ABF appeals that judgment. We affirm. We hold that a shipper and a carrier may lawfully contract for a specific form of COD payment.
On July 9,1996, Imports and ABF entered into an agreement, the Alternate Straight Bill of Lading, for ABF to deliver 511 cartons of women’s shoes to A & M Department…
2Cases cited7 opinions
- American Telephone & Telegraph Co. v. Central Office Telephone, Inc.Supreme Court of the United States · 1998
- Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
- Computel, Inc., a Florida Corp. v. Emery Air Freight Corp.Court of Appeals for the Eleventh Circuit · 1990
- Northwest Airlines, Inc. v. The United StatesUnited States Court of Claims · 1971
- Comark, Inc. v. United Parcel Service, Inc.District Court, N.D. Illinois · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Advamtel, LLC v. at & T Corp.District Court, E.D. Virginia · 2000
- Crumley v. Time Warner Cable, Inc.District Court, D. Minnesota · 2008
- Gallagher v. Santander Consumer USA Inc.District Court, E.D. Missouri · 2023
- IMPORTS, ETC., LTD., a Missouri Corporation, Appellee, v. ABF FREIGHT SYSTEM, INC., a Delaware Corporation, AppellantCourt of Appeals for the Eighth Circuit · 1999