CARRIERS-FREIGHT PAYABLE IN CASH

Authors

Abstract

The railroad company sought to recover freight charges on coal shipped to defendant. On delivery, the carrier had accepted defendant's check on a local bank for the amount of the charges, as usual. Before presentment the bank failed and defendant contended it was relieved from liability because of the carrier's unjustifiable delay in presenting the check. The Supreme Court held that a payment by check on demand drawn on a going bank in which the drawer has an ample deposit comes within the requirement of the Interstate Commerce Act that payment must be made in money, so defendant was entitled to judgment. Fullerton Lumber Co. v. Chicago, Milwaukee, St. Paul & Pacific R. Co., U. S. Sup. Ct., Feb. 24, 1931, Adv. Op. No. 47.

Recommended Citation

CARRIERS-FREIGHT PAYABLE IN CASH, 29 Mich. L. Rev. 926 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss7/14