United States Fourth Circuit

Where a shipper chooses to remit payment by way of a cargo consolidator rather than directly to the carrier, shipper assumes the risk that the consolidator may not forward freight payment to the carrier. Shipper's duty to pay freight is not discharged absent evidence carrier actually released shipper from its duty to pay under the bill of lading.

Appellate Information

• Decided 05/27/2003
• Published 05/27/2003

Judges

• Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John Stephen Simms, Greber & Simms, Baltimore, Maryland, for Appellants.  JoAnne Zawitoski, Semmes, Bowen & Semmes, P.C., Baltimore, Maryland, for Appellee. ON BRIEF:  Stephen S. McCloskey, Greber & Simms, Baltimore, Maryland, for Appellants.  Alexander M. Giles, Semmes, Bowen & Semmes, P.C., Baltimore, Maryland, for Appellee.