Chicago & Northwestern Ry. Co. v. Durham Co., 271 U.S. 251 (1926)

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Author: U.S. Supreme Court

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Chicago & Northwestern Ry. Co. v. Durham Co., 271 U.S. 251 (1926)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 271 U.S. 244, click here.

Chicago & Northwestern Railway Company v.


Alvin R. Durham Company
No. 257. Argued April 20, 1926.-Decided May 24, 1926


271 U.S. 251

CERTIORARI TO THE SUPREME COURT OF MICHIGAN

Syllabus

1. The Uniform Bill of Lading Act of August 29, 1916, c. 415, § 23, presents no obstacle to garnishment of a carrier after the order bill of lading has been surrendered; neither does that Act confer a right of garnishment. P. 256.

2. The fact that, by § 5 of the Uniform Bill of Lading, as construed by this Court in Michigan Central R. Co. v. Mark Owen & Co., 256 U.S. 427, a carrier may remain liable qua carrier to the consignee of an interstate carload shipment after surrender of the bill of lading and payment of charges and while the car is on a train track and turned over to the consignee for the purpose of unloading, and partly unloaded by him, is not determinative of the carrier’s liability as garnishee in a suit by a stranger seeking to collect a debt from the consignee. P. 255.

3. The carrier’s liability to garnishment in such circumstances depends on the state law. P. 257.

229 Mich. 468 reversed.

Certiorari to a judgment of the Supreme Court of Michigan holding the Railway Company liable as garnishee in a suit by Alvin R. Durham Company to collect a debt from one Fred S. Larson, as principal defendant. See also 224 Mich. 477.

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Chicago: U.S. Supreme Court, "Syllabus," Chicago & Northwestern Ry. Co. v. Durham Co., 271 U.S. 251 (1926) in 271 U.S. 251 271 U.S. 254. Original Sources, accessed July 18, 2024, http://www.originalsources.com/Document.aspx?DocID=3WK5B6WXFW9Y667.

MLA: U.S. Supreme Court. "Syllabus." Chicago & Northwestern Ry. Co. v. Durham Co., 271 U.S. 251 (1926), in 271 U.S. 251, page 271 U.S. 254. Original Sources. 18 Jul. 2024. http://www.originalsources.com/Document.aspx?DocID=3WK5B6WXFW9Y667.

Harvard: U.S. Supreme Court, 'Syllabus' in Chicago & Northwestern Ry. Co. v. Durham Co., 271 U.S. 251 (1926). cited in 1926, 271 U.S. 251, pp.271 U.S. 254. Original Sources, retrieved 18 July 2024, from http://www.originalsources.com/Document.aspx?DocID=3WK5B6WXFW9Y667.