Potter

This was an action by a shipper against a common carrier to recover damages for the conversion of a consignment of freight shipped from a point in Colorado to Clifton, Ariz. It was stipulated at the trial that the true and lawful rate for the transportation was $1,189.-74. But, while both shipper and carrier were chargeable with notice of this rate as a matter of law, neither apparently knew the correct or lawful rate as a matter of fact. Upon the arrival of the shipment at destination a controversy arose over the transportation charges — the shipper contending that the proper rate was $446.47, or less than one-half the lawful rate; the carrier contending that the proper rate was $1,-271.57, or approximately $80 in excess of the lawful rate. What thereafter transpired is thus set forth in the findings of the court:

"That plaintiff thereupon did refuse to pay said sum of $1,271.57 as demanded by defendant, but did offer to the agent of defendant to deposit said sum of $1,271.57 in legal currency, with the understanding that as soon as the proper freight rate was ascertained the plaintiff would pay the same, and that at that time and place he counted out and did offer said…