Legal Opinion

Remington v. Barrett

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 1921PublishedCited by 4 opinions

Appeal by the defendant, William H. Barrett, as president of the Adams Express Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 22d day of October, 1920, upon the verdict of a jury rendered by direc-' tion of the court, and also from the order directing a verdict to be found by the jury in favor of the plaintiff and from ‘the order refusing to direct a verdict in favor of the…

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Appeal by the defendant, William H. Barrett, as president of the Adams Express Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 22d day of October, 1920, upon the verdict of a jury rendered by direc-' tion of the court, and also from the order directing a verdict to be found by the jury in favor of the plaintiff and from ‘the order refusing to direct a verdict in favor of the defendant.

1Opinion of the Court

Hubbs, J.:

The plaintiff delivered to the American Express Company, at Newton Center, Mass., on January 2, 1918, a pasteboard box, securely wrapped, containing a fur- neckpiece and muff of the value of $125, to be shipped by express to Pemberton, N. J. • The American Express Company did not have an office at Pemberton and the furs were delivered by it to the. Adams Express Company, which company delivered the box on January sixteenth. At the time it was delivered there was a hole in it and the furs were gone.

This action was brought by the plaintiff against the Adams Express Company, the…

2Cases cited3 opinions

  1. Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
  2. Berkowitz v. Chicago, Milwaukee and St. Paul Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
  3. Pacific Coast Borax Co. v. Shippers Navigation Co.New York Supreme Court · 1919

3Cited by4 opinions

  1. Jessewich v. AbbeneCity of New York Municipal Court · 1935
  2. Miles v. Lehigh Valley RailroadNew York Supreme Court · 1968
  3. International Business Machines Corp. v. Root's Express, Inc., New York County Courts1971
  4. LeVelle v. Pennsylvania R. R.Pennylvania Municipal Court, Philadelphia County · 1945

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