BUTZEL, J.
Dominic Asta, plaintiff herein, shipped 218 cases of assorted cigarettes from St. Louis, Missouri, to Detroit, Michigan. Although they were consigned to one Joe Spezia, Asta states in a sworn petition that he and Spezia are one and the same person. The Hancock Trucking Company of Detroit, the carrier, was notified to deliver the cigarettes at a specified
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