Joseph Rucker Lamar

“ In the present case the carrier, in recognition of its duty to give notice, instructed the agent at Madisonville to notify Ford of the pendency of the suit. The local agent, without making inquiries to learn whether Ford was in town or absent, in the course of his business as a traveling salesman, contented himself with mailing a letter directed to Ford at Madisonville. This letter was posted only two days before the trial in Chicago, and was not received by Ford until after his return to Madisonville, and after the judgment in the replevin suit had been entered against the express company. ”

“ But the law is well settled. The carrier cannot be held for goods taken from its custody by valid legal process, provided it gives the owner prompt notice of the suit so that he may have an opportunity to protect his interest. For, as the land carrier is not bound (The M. M. Chase, 37 Fed. 708) to make a defense, it is all the more bound to give the consignor notice of the suit so that he may appear and make his own defense. Ohio & M. R. Co. v. Yohe, 51 Ind. 181, 19 Am. Rep. 727; Merz v. Chicago & N. W. R. Co. ”