Cincinnati & C. Trac. Co. v. Norfolk & W. Ry.

Citations

• 18 Ohio C.C. Dec. 543

Syllabus

<p>CARRIERS — CONTRACTS.</p> <p>Jelke and Giffen, JJ.</p> <p>Demurrage — Purchase* from Consignor bt Assignment of Bills of* Lading Assumes all Liabilities under Contract of Lading — Denial of Promise to Pat Mere Conclusion.</p> <p>In. an action by a carrier to recover demurrage, tbe averment in the answer that defendant purchased the freight after arrival by obtaining the bills of lading properly indorsed, the freight having been shipped to the order of the consignor, is no defense. The assignment of the bill of lading and the acceptance of the freight thereunder constituted an adoption by the defendant of the liabilities as well as the rights under the contract of shipment. A denial of a promise to pay under such circumstances is a denial of an express promise only. As a denial of an implied promise it is a mere conclusion.</p> <p>[Syllabus approved by the court.]</p>