69-11-406. Payment of freightage. (1) A carrier may require freightage to be paid upon receipt of the freight, but if the carrier does not demand it then, the carrier may not require the payment until the carrier 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 the consignor and the carrier provides that the consignee shall pay the freightage and the carrier allows the consignee to take the freight, the carrier may not afterwards recover the freightage from the consignor.
(3) The consignee of freight is liable for the freightage if the consignee accepts the freight with notice of the intention of the consignor that the consignee 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; amd. Sec. 2020, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 69. Public Utilities and Carriers
Chapter 11. Regulation of Carriers
69-11-401. General definitions
69-11-402. Relationship of carrier to consignor and consignee
69-11-403. Acceptance of freight
69-11-404. Delivery of freight
69-11-405. Procedure to terminate carrier's liability
69-11-406. Payment of freightage
69-11-407. Natural increase of freight
69-11-408. Apportionment of freightage by contract
69-11-409. Adjustment of freightage for change in time or place of delivery
69-11-410. Carrier's lien for freightage
69-11-411. Sale of perishable property for freightage
69-11-412. Division of joint rates among carriers
69-11-413. through 69-11-420 reserved
69-11-421. Liability of inland carriers for loss
69-11-422. Permissible limitations on liability
69-11-423. Meaning of delivering carrier
69-11-424. Examination of shipment
69-11-425. Period in which to file claims
69-11-426. Processing of claims for damage
69-11-427. Liability between carriers