HOLLAND HIGHWAY EXPRESS, INC., APPELLANT,
v.
EASTPORT SALES CORPORATION, APPELLEE
HOLLAND HIGHWAY EXPRESS, INC., APPELLANT,
EASTPORT SALES CORPORATION, APPELLEE
252 F.2d 788
Court of Appeals for the Fifth Circuit (1958)
Positive Treatment
Cited by 3 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Andrews v. United States, 373 U.S. 334 (U.S. 1963)
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United States v. Donovan, 301 F.2d 376 (2d Cir. 1962)
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United States v. Andrews, 263 F.2d 608 (2d Cir. 1959)