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Railway Express Agency, Inc. v. Gleeson

Supreme Court, Appellate Term, First Department
May 24, 1956
2 Misc. 2d 368 (N.Y. App. Term 1956)

Opinion

May 24, 1956

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, VINCENT DE PAUL GANNON, J.

Marcus M. Curry and James V. Lione for appellant.

No appearance for respondent.


Plaintiff as a common carrier operating under the Interstate Commerce Act (U.S. Code, tit. 49, § 1 et seq.) was not bound by its error in collecting less than the filed rate. It may recover, and indeed has the duty to recover, the difference from the consignee. The consignee cannot be permitted to invoke an estoppel whose effect would be to violate the equal and nondiscriminatory rates required by the act.

The judgment should be reversed, with $30 costs, and judgment directed for plaintiff as prayed for in the complaint, with costs.

HOFSTADTER, EDER and TILZER, JJ., concur.

Judgment reversed, etc.


Summaries of

Railway Express Agency, Inc. v. Gleeson

Supreme Court, Appellate Term, First Department
May 24, 1956
2 Misc. 2d 368 (N.Y. App. Term 1956)
Case details for

Railway Express Agency, Inc. v. Gleeson

Case Details

Full title:RAILWAY EXPRESS AGENCY, INC., Appellant, v. MARIA GLEESON, Respondent

Court:Supreme Court, Appellate Term, First Department

Date published: May 24, 1956

Citations

2 Misc. 2d 368 (N.Y. App. Term 1956)
153 N.Y.S.2d 1016