Nathan v. Woolverton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, WiHiam H. Woolverton, as president, etc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Krngs on the 5th day of December, 1911, granting the plaintiff leave to serve an amended complaint.
1Opinion of the Court
Thomas, J.:
The appeal is from an order allowing amendment to the complaint. The complaint in this action, begun on November 3, 1905, alleges that for a reasonable compensation defendant received and agreed to carry plaintiff’s trunk between two points in the city of New York, and that the trunk was broken open and a quantity of jewelry and valuable stones taken therefrom.
The answer, after some denials, stated separate defenses, and thereby the issue was raised that the defendant, having as a special carrier contracted to carry the personal baggage of the passenger from a railroad train,…
2Cases cited2 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Nathan v. WoolvertonNew York Supreme Court · 1910
3Cited by4 opinions
- Burrows Paper Co. v. StateNew York Court of Claims · 1940
- Heuman v. M. H. Powers Co.Appellate Division of the Supreme Court of the State of New York · 1916
- S. Nathan & Co. v. Red Cab, Inc.Court of Appeals for the Seventh Circuit · 1941
- Nathan v. WoolvertonAppellate Division of the Supreme Court of the State of New York · 1912