New York Cent Co v. York Whitney Co York Whitney Co v. New York Cent Co

• Court: U.S. Supreme Court
• Writing for the Court: McREYNOLDS
• Citation: New York Cent Co v. York Whitney Co York Whitney Co v. New York Cent Co, 256 U.S. 406, 41 S.Ct. 509, 65 L.Ed. 1016 (1921)
• Decision Date: 16 May 1921
• Docket Number: 281,Nos. 280,s. 280
• Parties: NEW YORK CENT. & H. R. R. CO. v. YORK & WHITNEY CO. YORK & WHITNEY CO. v. NEW YORK CENT. & H. R. R. CO

256 U.S. 406

41 S.Ct. 509

65 L.Ed. 1016

NEW YORK CENT. & H. R. R. CO.

v YORK & WHITNEY CO.

YORK & WHITNEY CO.

v. NEW YORK CENT. & H. R. R. CO.

Nos. 280, 281.

Argued April 22, 1921.

Decided May 16, 1921.

Mr. William L. Parsons, of Boston, Mass., for New York Cent. & H. R. R. co.

Mr. Amos L. Taylor, of Boston, Mass., for York & Whitney Co.

Mr. Justice McREYNOLDS delivered the opinion of the Court.

Neither party was wholly successful in the courts below. 230 Mass. 206, 119 N. E. 855 (May 24, 1918). Each has asked and obtained a writ of error and also a writ of certiorari. The latter properly bring the issues before us, and the former must be dismissed.

The railroad company as terminal carrier sued York & Whitney Company, a commission merchant, to recover the balance claimed for freight and refrigeration on nine carloads of melons, vegetables, and fruit consigned to the latter, subject to lawful charges, and delivered at Boston during the years 1911 and 1912. They were shipped in interstate commerce upon straight bills of lading approved as to form by the Interstate Commerce Commission, but none of these came into the consignee's possession and it had no knowledge of their issuance or terms.

When York & Whitney Company accepted the cars it paid all charges claimed. The merchandise was sold at once and the net proceeds remitted to the shippers. Later the railroad company discovered that it had collected less than lawful rates established under the Interstate Commerce Act (24 Stat. 379), and thereupon demanded the balance alleged to be due by reason of such undercharges. Maintaining it had accepted the shipments upon the understanding that the charges were as reported, and had not agreed to pay more, York & Whitney Company refused the demand.

Commission merchants often receive from strangers shipments of perishable articles for sale at market prices. Under a trade custom such things are promptly disposed of and the net proceeds remitted to...