RY. EXPRESS AGENCY, INC. v. GLEESON


2 Misc.2d 368 (1956)

Railway Express Agency, Inc., Appellant, v. Maria Gleeson, Respondent.

Supreme Court, Appellate Term, First Department.

May 24, 1956.


Attorney(s) appearing for the Case

Marcus M. Curry and James V. Lione for appellant.

No appearance for respondent.

HOFSTADTER, EDER and TILZER, JJ., concur.


Per Curiam.

Plaintiff as a common carrier operating under the Interstate Commerce Act (U. S. Code, tit. 49, § 1 et seq.) was not bound by its error in collecting less than the filed rate. It may recover, and indeed has the duty to recover, the difference from the consignee. The consignee cannot be permitted to invoke an estoppel whose effect would be to violate the equal and nondiscriminatory rates required by the act.

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