JAMES RICHARDSON & SONS, LTD., ET AL.

v.

JENKINS STEAMSHIP CO.

Citator

Cited By

• Chicago & N. W. R.R. Co. v. Union Packing Co., 514 F.2d 30 (8th Cir. 1975)
  …the excess of a freight charge, over the duly published or established rate of a carrier is not affected by any of the provisions of the Interstate Commerce Act. Macon D. & S. R. Co. v. General Reduction Co., 5 Cir., 44 F. 2d 499, certiorari denied 283 U.S. 821, 51 S.Ct. 345, 75 L.Ed. 1436. Likewise, the common-law right to recover the difference between the amount of a reasonable charge and the amount of an exorbitant unpublished charge coercively exacted by a carrier still remains; . but, if the charges…
• The Marsodak. Robins Dry Dock & Repair Co. v. Marsodak S. S. Co., 94 F.2d 339 (4th Cir. 1938)
  …ssary steps to protect himself, as purchaser, against liens for that work? In the case of Jenkins Steamship Co. v. Cargo of Barley, D.C., 28 F. 2d 135, 139, affirmed Richardson & Sons v. Jenkins Steamship Co., 6 Cir., 44 F. 2d 759, certiorari denied 283 U.S. 821, 51 S.Ct. 345, 75 L.Ed. 1436, a similar circumstance was discussed. There the court said: “Reliance upon, and prejudice from, silence are essential elements of any claim of estoppel based upon such silence, and those elements are wholly lacking here…
• Reconstr. Fin. Corp. v. Spokane, 170 F.2d 96 (9th Cir. 1948)
  …* * ” or “paper crepe * * * ” (the rates for these two classifications were the same) . and should not be classified under “Paper N.O.I.B.N. * * In the case of Macon D. & S. Ry. Co. v. General Reduction Co., 5 Cir., 44 F. 2d 499, certiorari denied 283 U.S. 821, 51 S.Ct. 345, 75 L.Ed. 1436, it was held that the trial court could determine whether a certain shipment was fuller’s earth or clay, the two having different classifications. The jurisdictional distinction between the I. C. C. and the federal distr…