Gibson v. American Merchants' Union Express Co.
New York Supreme Court
Appeal from a judgment of the county court of Montgomery affirming a judgment in favor of the plaintiff, DeWitt 0. Gibson, in a justice’s court. On the 20th day of February, 1871, the plaintiff delivered to defendant at Fort Plain, ÍT.
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Appeal from a judgment of the county court of Montgomery affirming a judgment in favor of the plaintiff, DeWitt 0. Gibson, in a justice’s court. On the 20th day of February, 1871, the plaintiff delivered to defendant at Fort Plain, ÍT. Y., a box containing a light double harness worth $45, marked “S. E. Dana, Malden, West Virginia, G. 0. D. $45.” From blank receipts left by defendant with plaintiff, his son and clerk drew np a receipt for this box which was signed by defendant’s agent and returned to plaintiff. By the terms of that receipt defendant undertook to forward the box to the nearest…
1Opinion of the CourtBoardman, J.
Upon the facts stated it cannot be doubted that plaintiff should be held, in law, to have known the contents, of the receipt made out by his clerk upon blanks for his daily use. Nor can it be doubted that a common carrier, in ordinary cases, would not be responsible, under such receipt, for loss or damage to property after its safe delivery to the next connecting carrier, according to the usual course of business. Reed v. U. S. Exp. Co., 48 N. Y. 482.
*503The letters C. O. D., and the contract thereby expressed, do not, in my judgment, change this shipment from one of an ordinary character, until…
2Cases cited3 opinions
- Schmidt v. BloodNew York Supreme Court · 1832
- Weed v. . BarneyNew York Court of Appeals · 1871
- Bush v. MillerNew York Supreme Court · 1852