Porter v. Duval Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of New York, first district, borough of Manhattan.
1Opinion of the Court
MacLean, T.
This judgment must he reversed for the . adoption of an improper measure of damages.
Some time in 1906 the plaintiffs shipped a case of underwear to one Fraser in Utica by the ¡New York Central & Hudson River Railroad Company which brought it back ¡November 24, 1906, and on the same day notified the plaintiffs of its arrival and, on refusal of acceptance, being over the time limit, stored the case on ¡November thirtieth with the defendant, a warehousing company. Over ten months later, October 9, 1907, the plaintiffs, by their truckman, paid the defendant’s bill (freight, storage and…
2Cases cited2 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Jones v. . MorganNew York Court of Appeals · 1882
3Cited by2 opinions
- Levy v. World Film Corp.Appellate Terms of the Supreme Court of New York · 1919
- Margoshes v. Reo Stores, Inc.Appellate Terms of the Supreme Court of New York · 1953