How this document has been cited
Having accepted the benefit of a lower rate dependent upon the specified valuation, the shipper is estopped from asserting a higher value.
- in Dover Farms, Inc. v. American Air Lines, Inc., 1970 and 11 similar citations
Such has been the consistent ruling of this Court where the question presented concerned the conditions in bills of lading affecting the liability of the carrier such as are required by the Carmack Amendment, as amended, 49 USC § 20 (11), 49 USCA § 20 (11).
- in Illinois Steel Co. v. Baltimore & Ohio R. Co., 1944 and 4 similar citations
The receipt given in the present case, conforming as it did to the statutes and the regulations of the Interstate Commerce Commission, was equally binding upon the parties.
- in American Ry. Express Co. v. The Fashion Shop, 1926 and 3 similar citations
Having accepted the benefit which it derived from such agreement, by paying a lower rate, the plaintiff may not repudiate it now
- in BLOOMSBURG MILLS v. HALL'S MOTOR TR. CO., 1951 and 3 similar citations
The United States Supreme Court has held that the signing of the bill of lading by the shipper was not required for the bill of lading to constitute the written agreement of the parties.
- in Royal Air, Inc. v. AAA Cooper Transp., Inc., 2005 and 3 similar citations
Receipt of the writing by the shipper and his action upon it are adequate proof that he has assented to its terms and has made it the written agreement of the shipper and carrier.
- in Caten v. Salt City Movers & Storage Co., 1945 and 5 similar citations
"Although action in writing by the shipper is plainly required, his signature is not necessary but it does furnish good evidence that he did declare or agree in writing."
- in Chandler v. Aero Mayflower Transit Company, 1967 and 2 similar citations
—receipt limiting express company's liability to value declared was binding on shipper, although not signed by him.
- in Rose's Notes on the United States Supreme Court Reports:(2 Dallas to 241 … and 3 similar citations
—the shipper, by receiving and acting upon the receipt of the express company, although the same was signed only by the latter, assented to the terms of the receipt, and the same became the written agreement of the parties.
- in Laurent v. Anderson, 1934 and 3 similar citations
Cited by
395 F. Supp. 2d 436 - Dist. Court, WD Louisiana 2005
825 F. Supp. 896 - Dist. Court, ND California 1993
346 US 128 - Supreme Court 1953
28 F. 2d 249 - Circuit Court of Appeals, 3rd Circuit 1928
2013 Ohio 2305 - Ohio: Court of Appeals, 5th Appellate Dist. 2013
901 F. 2d 821 - Court of Appeals, 10th Circuit 1989
656 F. Supp. 550 - Dist. Court, MD Georgia 1987
632 F. Supp. 1106 - Dist. Court, ND Illinois 1986
735 F. 2d 186 - Court of Appeals, 6th Circuit 1984
478 F. Supp. 49 - Dist. Court, ND Illinois 1979