Heuman v. M. H. Powers Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, M. H. Powers Company, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 22d day of May, 1916, affirming a judgment of the City Court of the City of New York in favor of the plaintiff. An appeal is also taken as stated in the notice of appeal from the order of the Appellate Term denying defendant’s motion for a reargument.
1Opinion of the Court
Scott, J.:
The defendant is a general truckman transporting goods for hire under special contracts. He was, therefore, a common carrier. (Jackson Architectural Iron Works v. Hurlbut, 158 N. Y. 38.) He was employed by plaintiff to move her household effects from 435 Convent avenue in the city of New York, borough of Manhattan, to No. 2478 Second avenue, in the same city and borough. Plaintiff’s husband, who concededly acted as her agent in the matter, signed a paper partly printed and *628partly written containing shipping directions and the stipulated hire. This paper also contained in perfectly…
2Cases cited8 opinions
- Magnin v. . DinsmoreNew York Court of Appeals · 1875
- Magnin v. . DinsmoreNew York Court of Appeals · 1874
- Jackson Architectural Iron Works v. HurlbutNew York Court of Appeals · 1899
- D'Utassy v. . BarrettNew York Court of Appeals · 1916
- Boyle v. . Bush Terminal R.R. Co.New York Court of Appeals · 1914
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3Cited by4 opinions
- Weaver v. Public Service CommissionWyoming Supreme Court · 1929
- In re the Election of Directors of the Boulevard Theatre & Realty Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Olive Kent Park, Inc. v. Moshassuck Transportation Co.New York Supreme Court · 1947
- W. N. Stevenson & Co. v. HartmanAppellate Division of the Supreme Court of the State of New York · 1920