New York Central & Hudson River Railroad v. York & Whitney Co.

Syllabus

<p>Interstate shipments of perishable freight were consigned, subject to lawful charges, to a commission merchant, which paid the charges 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. 408. Pittsburgh, Cincinnati, Chicago & St. Louis By. Co. v. Fink, 250 U. S. 577.</p> <p>230 Massachusetts, 206, reversed in part and affirmed in part.</p>