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LUMBER CO. v. CHICAGO, M., ST. P. & P.R. CO.

No. 47.

282 U.S. 520 (1931)

51 S.Ct. 227

75 L.Ed. 502

FULLERTON LUMBER COMPANY v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY.

Supreme Court of United States.

Decided February 24, 1931.

Attorney(s) appearing for the Case

Mr. Stanley S. Gillam for petitioner.

Mr. A.C. Erdall, with whom Messrs. F.W. Root, O.W. Dynes, and C.O. Newcomb were on the brief, for respondent.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

The Chicago, Milwaukee, Saint Paul & Pacific Railroad Company brought this action in the federal court for Minnesota to recover from the Fullerton Lumber Company freight charges on a carload of coal shipped to it. The case was tried without a jury. The defence was payment. It appeared that, upon delivery of the car, the carrier had, as customary, accepted the defendant...

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