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

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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.