John W. Cooney Co. v. Arlington Hotel Co.

Citations

• 11 Del. Ch. 137
• 98 A. 186
• 1916 Del. Ch. LEXIS 26

Syllabus

<p>Charges for storing and unloading steel at the terminal are part of the transportation charges, which the carrier must charge and collect from the owner or consignee, until there is actual delivery, in accordance with its tariff schedules filed.</p> <p>The mere fact that a railroad accepted less than the full amount due and gave its receipt in full does not estop it to collect the sum fixed by schedules filed.</p> <p>Where the carrier accepted payment of demurrage charges and gave its receipt in full, the only effect was to deprive it of its lien on the property; but it could collect any sum due for storage charges.</p> <p>Where the carrier contracted with the consignee to. store certain steel, and sought to hold the owner liable for the charges, it had the burden of showing that the consignee acted as the owner’s agent in the contract, since the consignee may contract on his own account.</p> <p>Where the owner and the builder had a contract as to furnishing steel for the building, and the builder arranged with the carrier to store the steel until used, the owner, in seeking to'avoid liability for storage charges, was bound to show that by its contract with the builder he was ultimately liable for such charges, and in the absence of such evidence the inference arises that the owner was ultimately liable.</p>