U.S. Court of Appeals for the Fifth Circuit, 1958

Holland Highway Express, Inc. v. Eastport Sales Corporation

Holland Highway Express, Inc. v. Eastport Sales Corporation
U.S. Court of Appeals for the Fifth Circuit · Decided March 18, 1958 · Hutcheson, Borah, Tuttle
252 F.2d 788; 1958 U.S. App. LEXIS 3771 (Federal Reporter, Second Series)

Holland Highway Express, Inc. v. Eastport Sales Corporation

Opinion

PER CURIAM.

This appeal complains of a summary judgment entered for plaintiff in an action to recover from the defendant carrier sums which it failed to collect upon delivering C.O.D. shipments. The undisputed documentary evidence established the appellant’s obligation to collect for the shipper; it admitted its failure to do so; and it failed to tender prima facie proof of either total or partial payment by the consignee to the shipper. The case was thus ripe for the entry of the judgment complained of.

The judgment is affirmed.

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