Magnin v. . Dinsmore
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court in the city of New York, affirming a judgment in favor of plaintiffs, entered upon a verdict. (Reported below, 8 J. & S., 512.) This action was brought against the defendant as president of the Adams Express Company to recover the value of a package of watches and watch keys, delivered to that company at New York, consigned to J. E. Merriman & Co., Memphis.
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Appeal from judgment of the General Term of the Superior Court in the city of New York, affirming a judgment in favor of plaintiffs, entered upon a verdict. (Reported below, 8 J. & S., 512.) This action was brought against the defendant as president of the Adams Express Company to recover the value of a package of watches and watch keys, delivered to that company at New York, consigned to J. E. Merriman & Co., Memphis. The receipt given by the company, after a description of the property, contained this clause : “If the value of the property above described is not stated by the shipper, the…
1Opinion of the CourtAllen, J.
This case has been before this court on three distinct appeals prior to the present, and is reported in 53 27. Y., 652; 56 lb., 168 and 62 lb., 35. Upon the first appeal no question was decided affecting the merits, or involved in the present appeal. The court below, on reversing the judgment on a verdict for the plaintiff, had, instead of granting a new trial, givén final judgment for the defendant which was held erroneous, and it was reversed, and the cause remanded for a new trial. Upon the second appeal this court passed upon the merits of the controversy as then presented, and it was…
2Cases cited2 opinions
- Magnin v. . DinsmoreNew York Court of Appeals · 1875
- Merritt v. . SeamanNew York Court of Appeals · 1852
3Cited by72 opinions
- I.C.C. Metals, Inc. v. Municipal Warehouse Co.New York Court of Appeals · 1980
- Calderon v. Atlas Steamship Co.Supreme Court of the United States · 1898
- Frito-Lay, Inc. v. LTV Steel Co. (In re Chateaugay Corp.)Court of Appeals for the Second Circuit · 1993
- Davis & Son v. HurtSupreme Court of Alabama · 1896
- Tewes v. North German Lloyd Steamship Co.New York Court of Appeals · 1906
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