D. S. Pate Lumber Co. v. Southern Ry. Co.
Mississippi Supreme Court
Appeal from the circuit court of Lowndes county. Hon. T. B. Carroll, Judge. Suit hy the Southern Eailway Company in Mississippi against D. S. Pate Lumber Company. Prom a judgment for plaintiff, defendant appeals. The railway company brought this action in the court below to, recover freight charges alleged to be due on carload shipments of lumber from points in Alabama to points in Illinois and other states, via Columbus, Miss, where it was dressed in transit.
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Appeal from the circuit court of Lowndes county. Hon. T. B. Carroll, Judge. Suit hy the Southern Eailway Company in Mississippi against D. S. Pate Lumber Company. Prom a judgment for plaintiff, defendant appeals. The railway company brought this action in the court below to, recover freight charges alleged to be due on carload shipments of lumber from points in Alabama to points in Illinois and other states, via Columbus, Miss, where it was dressed in transit. The suit was brought more than three years and less than six years after the charges fell due; and defendant pleaded the three-year…
1Opinion of the CourtSmith, C. J.
We are of the opirion that the limitation of three years provided by section 3099, Code of 1906, governs; for the reason that the writings here in question, taken singly or ■collectively, do not set forth the terms of any contract entered into between the parties thereto, but simply show that appellee has collected from appellant a less sum of money for transporting lumber than under the law it *409should have, hy reason of which, we will assume, the law imposes an obligation upon appellant to account to appellee for the difference between the money which it actually and that which it should have…
2Cases cited1 opinion
- Buntyn v. National Mutual Building & Loan Ass'nMississippi Supreme Court · 1905
3Cited by4 opinions
- Gulf & S. I. R. Co. v. Laurel Oil & Fertilizer Co.Mississippi Supreme Court · 1935
- Rather v. MooreMississippi Supreme Court · 1937
- Attala Warehouse & Compress Co. v. J. N. Alexander Mercantile Co.Mississippi Supreme Court · 1925
- W. T. Raleigh Co. v. FortenberryMississippi Supreme Court · 1925