69-11-406. Payment of freightage. (1) A carrier may require his freightage to be paid upon his receiving the freight, but if he does not demand it then, he cannot until he is ready to deliver the freight to the consignee.
(2) The consignor of freight is presumed to be liable for the freightage, but if the contract between him and the carrier provides that the consignee shall pay it and the carrier allows the consignee to take the freight, he cannot afterwards recover the freightage from the consignor.
(3) The consignee of freight is liable for the freightage if he accepts the freight with notice of the intention of the consignor that he should pay it.
History: (1)En. Sec. 2840, Civ. C. 1895; re-en. Sec. 5321, Rev. C. 1907; re-en. Sec. 7835, R.C.M. 1921; Field Civ. C. Sec. 1115; re-en. Sec. 7835, R.C.M. 1935; Sec. 8-601, R.C.M. 1947; (2)En. Sec. 2841, Civ. C. 1895; re-en. Sec. 5322, Rev. C. 1907; re-en. Sec. 7836, R.C.M. 1921; Cal. Civ. C. Sec. 2137; Field Civ. C. Sec. 1116; re-en. Sec. 7836, R.C.M. 1935; Sec. 8-602, R.C.M. 1947; (3)En. Sec. 2842, Civ. C. 1895; re-en. Sec. 5323, Rev. C. 1907; re-en. Sec. 7837, R.C.M. 1921; Cal. Civ. C. Sec. 2138; Field Civ. C. Sec. 1117; re-en. Sec. 7837, R.C.M. 1935; Sec. 8-603, R.C.M. 1947; R.C.M. 1947, 8-601, 8-602, 8-603.