Michalitschke Bros. & Co. v. Wells
California Supreme Court
APPEAL from a judgment of the Superior Court of tbe City and County of San Francisco. A. A. Sanderson, Judge. The facts are stated in the opinion of Mr. Justice McFarland. By the acceptance of the receipt with the knowledge of its terms, the plaintiffs are held to have assented and agreed to all the terms and conditions therein contained, including the condition limiting the liability in case of loss to a specified sum, which is a valid and binding contract.
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APPEAL from a judgment of the Superior Court of tbe City and County of San Francisco. A. A. Sanderson, Judge. The facts are stated in the opinion of Mr. Justice McFarland. By the acceptance of the receipt with the knowledge of its terms, the plaintiffs are held to have assented and agreed to all the terms and conditions therein contained, including the condition limiting the liability in case of loss to a specified sum, which is a valid and binding contract. (Bank of Kentucky v. Adams Exp. Co., 93 U. S. 174, 175, 188; Grace v. Adams, 100 Mass. 505; 97 Am. Dec. 117; 1 Am. Rep. 131; Belger ¶.…
1Opinion of the CourtMcFARLAND, J.
It is averred in the complaint that plaintiffs, through their agents Seidenberg & Co., delivered to defendant at the city of New York four certain packages of cigars, of the *687value of sis hundred and twenty-five dollars which defendant, a common carrier, received and agreed to deliver to plaintiff at the city of San Francisco; that defendant wrongfully and negligently failed to deliver said cigars to plaintiffs, to their damage in the sum of six hundred and twenty-five dollars and interest.
The defendant in its answer denied the averments of the complaint, and also set up a separate defense, to…
2Cases cited12 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Piercy v. SabinCalifornia Supreme Court · 1858
- Coles v. SoulsbyCalifornia Supreme Court · 1862
- Missouri Pacific Railway Co. v. Wichita Wholesale Grocery Co.Supreme Court of Kansas · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Anheuser-Busch, Inc. v. StarleyCalifornia Supreme Court · 1946
- Donlon Bros. v. Southern Pacific Co.California Supreme Court · 1907
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Muelder v. Western Greyhound LinesCalifornia Court of Appeal · 1970
- Nichols v. SmithCalifornia Court of Appeal · 1934
13 more not listed; retrieve them via the Exa API.