Legal Opinion

Porteous v. Adams Express Co.

Supreme Court of Minnesota

Decided July 28, 1911No. Nos. 17,145—(225)PublishedCited by 3 opinions

After the decision upon the former appeal, reported in 112 Minn. 31, 127 N. W. 429, the case was tried before Holt, J., who directed a verdict in favor of plaintiff for $50. From an order denying plaintiff’s motion for a new trial, he appealed.

1Opinion of the CourtLewis, J.

The complaint simply states that plaintiff delivered to defendant for shipment jewelry to the value of $1,435, which defendant received and agreed to deliver as common carrier, but failed to do so.

The answer states that the husband of the plaintiff delivered the package to the defendant in the city of New York, and that the contents were concealed and not stated; that he was asked to state the value of the package, but declined to do so, and that a contract was entered into, in the form of an express receipt, which was duly delivered to him at that time; that the contract provided that, “in…

2Cases cited11 opinions

  1. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  2. Magnin v. . DinsmoreNew York Court of Appeals · 1877
  3. Kirkland v. . DinsmoreNew York Court of Appeals · 1875
  4. Tewes v. North German Lloyd Steamship Co.New York Court of Appeals · 1906
  5. Greenwald v. . BarrettNew York Court of Appeals · 1910

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3Cited by3 opinions

  1. Missouri, Kansas & Texas Railway Co. v. American Surety Co.Supreme Court of Missouri · 1921
  2. Wiest v. BolducSupreme Court of Minnesota · 1929
  3. Carpenter v. United States Express Co.Supreme Court of Minnesota · 1912

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