D'Utassy v. Barrett
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leo L. D’Utassy, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of July, 1915, overruling his demurrer to partial defenses set up in the answer.
1Opinion of the Court
Smith, J.:
The action was brought to recover the value of five shipments of goods shipped during the year 1913 by the plaintiff with the defendant express company which had been stolen by the latter’s employees. The express receipt contains the following statements:
“In consideration of the rate charged for carrying said property which is regulated by the value thereof and is based upon a valuation of not exceeding Fifty dollars for any shipment of 100 pounds or less, and not exceeding Fifty cents per pound for any shipment in excess of 100 pounds, unless a greater value, is declared at time of…
2Cases cited6 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. DettlebachSupreme Court of the United States · 1916
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
- McLeod v. New York, Chicago & St. Louis RailroadAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by4 opinions
- Fessler v. Detroit Taxicab & Transfer Co.Michigan Supreme Court · 1919
- Heuman v. M. H. Powers Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Heuman v. M. H. Powers Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Lewis v. American Railway Express Co.City of New York Municipal Court · 1920