Bennett v. Virginia Transfer Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the Municipal Court of the city of New York, borough of Manhattan, third district, denying a motion to vacate, set aside or amend the judgment herein entered in favor of the plaintiff.
1Opinion of the CourtLehman, J.
The plaintiff delivered to the defendant at its office four baggage checks and received from the defendant a receipt. On the hack of the receipt is a limitation of defendant’s liability to the sum of twenty-five dollars. The plaintiff shows that he never read the receipt and had no notice that it contained any *223limitation of liability, and the defendant presents no evidence that the limitation was called to the plaintiff’s attention. The trial justice, however, held that the limitation constituted a binding contract between the parties and gave judgment for the sum of twenty-five dollars. The…
2Cases cited1 opinion
- Noonan v. Wells-Fargo & Co.New York Supreme Court · 1910
3Cited by1 opinion
- Central Storage Warehouse Co. v. PickeringOhio Supreme Court · 1926