American Railway Express Co. v. Heilbrunn
New York Supreme Court
1 Motion by defendants to dismiss complaint upon the ground that it does not state facts sufficient to constitute a cause of action. Edward Lynn, for plaintiff.
1Opinion of the CourtCunningham, J.
It appears by the complaint that plaintiff received merchandise at Montreal, Canada, consigned to defendants at Rochester, N. Y.; that the merchandise was duly transported from Canada to Rochester, N. Y., and delivered to and accepted by defendants; that after the delivery and acceptance the United States assessed a duty upon the merchandise and demanded of plaintiff that it pay the amount of such duty, and that plaintiff did pay it to the United States customs authorities.
The defendants by accepting the merchandise made themselves liable for the transportation charges. Pennsylvania R. R. Co.…
2Cases cited5 opinions
- Pennsylvania R.R. Co. v. . TitusNew York Court of Appeals · 1915
- Wabash Railroad v. PearceSupreme Court of the United States · 1904
- Janeway v. BurnAppellate Division of the Supreme Court of the State of New York · 1904
- Janeway v. . BurnNew York Court of Appeals · 1905
- Hubbard v. BlanchardAppellate Division of the Supreme Court of the State of New York · 1906