Holland Highway Express, Inc. v. Eastport Sales Corporation

Fifth Circuit

Holland Highway Express, Inc. v. Eastport Sales Corporation

252 F.2d 788, 1958 U.S. App. LEXIS 3771

Court of Appeals for the Fifth Circuit·Decided March 18, 1958·No. 16683·Published

Opinion

PER CURIAM.

This appeal complains of a summary judgment entered for plaintiff in an action to recover from the defendant carrier sums which it failed to collect upon delivering C.O.D. shipments. The undisputed documentary evidence established the appellant’s obligation to collect for the shipper; it admitted its failure to do so; and it failed to tender prima facie proof of either total or partial payment by the consignee to the shipper. The case was thus ripe for the entry of the judgment complained of.

The judgment is affirmed.

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PER CURIAM.

This appeal complains of a summary judgment entered for plaintiff in an action to recover from the defendant carrier sums which it failed to collect upon delivering C.O.D. shipments. The undisputed documentary evidence established the appellant’s obligation to collect for the shipper; it admitted its failure to do so; and it failed to tender prima facie proof of either total or partial payment by the consignee to the shipper. The case was thus ripe for the entry of the judgment complained of.

The judgment is affirmed.

Holland Highway Express, Inc. v. Eastport Sales Corporation, 252 F.2d 788, 1958 U.S. App. LEXIS 3771 (5th Cir. 1958).

Pincite

252 F.2d 788 (Holland Highway Express, Inc. v. Eastport Sales Corporation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.