United States Supreme Court Cases & Opinions

U.S. Supreme Court

New York C. & H. River R. Co. v. York & Whitney Co., 256 U.S. 406 (1921)

New York Central & Hudson River

Railroad Company v. York & Whitney Company

Nos. 280, 281

Argued April 22, 1921

Decided May 16, 1921

256 U.S. 406

Syllabus

Interstate shipments of perishable freight were consigned, subject to lawful charges, to a commission merchant, which paid the charge demanded by the terminal carrier, accepted the freight, sold it, and remitted the net proceeds to the consignors without having possession of the bills of lading or knowledge of their terms and conditions. By mistake of the carrier, the charges collected were less than the lawful rates established under the Interstate Commerce Act. Held that the commission merchant was liable for the balance, irrespective of contract and as a matter of law. P. 256 U. S. 408. Pittsburgh, Cincinnati, Chicago & St. Louis Ry. Co. v. Fink, 250 U. S. 577.

230 Mass. 206 reversed in part and affirmed in part.

The case is stated in the opinion.