Pennsylvania Railroad v. A. J. Cameron & Co.

Citations

• 78 Pa. Super. 497
• 1922 Pa. Super. LEXIS 147

Syllabus

<p>Carriers — Common carriers — Bills of lading — Contracts — Freight — Transportation charges.</p> <p>One who, -through the assignment to him of a bill of lading, receives property which had been shipped thereon, thereby binds himself to the payment of the freight charges established by law, or fixed by the terms of the bill of lading.</p> <p>The assignee of bills of lading, upon which were endorsed conditions as to the rate of exchange applicable to the payment of ocean freight charges, in accepting assignment of such bills of lading and using them to obtain the goods, obligates himself to pay the charges at the rates indicated.</p> <p>'Accord and satisfaction — Receipt “in full settlement” — Freight charges.</p> <p>Acceptance by plaintiff’s agent of an amount “in full settlement” on a bill for freight charges, the amount being at a lower rate than was specified in the bill of lading, does not support an allegation of accord.</p> <p>If it be sought to establish accord and satisfaction, payment should be made in full satisfaction, and be accompanied by acts and declarations amounting to express notice that the payment is conditional, and, if accepted, must be received in satisfaction of the claim.</p>