Legal Question in Business Law in California

Reference 49 C.F.R. 1035 for information on this question:

A creditor called me and told me that we had to pay them for an outstanding transportation bill.

On the bill of lading:

Under shipper it states: "cascade refinery services/shell oil"

Under Cosigner it states me.

Cascade refinery services went out of business. I did not sign the section 7 clause on the bill of lading. Shell oil obviously has not gone out of business. Am I required to pay this outstanding invoice??


Asked on 6/15/11, 10:01 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Instead of "Cosigner" I think you mean consignor. That's the term used in the Section 7 block of the uniform bill of lading.

Did anyone sign the clause requiring prepayment?

What is your role here?

Who received the shipment?

Was it supposed to be prepaid or collect?

I do transportation law and happen to have a copy of 49 CFR Parts 1000 to 1199 here on my desk (for other reasons; I don't do bill of lading issues). It seems to me that more information is necessary to identify the party who is responsible for the freight charges. My offhand guess is that the carrier is making a billing error, but who knows?

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Answered on 6/16/11, 8:41 am


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