Bates v. Weir
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Levi 0. Weir, as president, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 24th day of August, 1906, upon the'report of a referee. ■ Plaintiff, owning certain valuable lace, delivered the same to a cleaner in the city of New York, who afterward shipped the same by the defendant-express company .addressed to the" plaintiff in a box not indicating the nature of the…
Read the full summary
Appeal by the defendant, Levi 0. Weir, as president, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 24th day of August, 1906, upon the'report of a referee. ■ Plaintiff, owning certain valuable lace, delivered the same to a cleaner in the city of New York, who afterward shipped the same by the defendant-express company .addressed to the" plaintiff in a box not indicating the nature of the contents and without stating its value. Twenty-five cents was paid for expressage- and the • defendant’s receipt…
1Opinion of the Court
Miller, J.:
This case is; not controlled.by our decision in Woolsey v. Long Island R. R. Co. (106 App. Div. 228). That case was decided upon the .authority of Springer v. Westcott (166 N. Y. 117, 123) and Strong v. L. I. R. R. Co. (91 App. Div. 442), which held that a traveler who delivers his baggage to an express of transfer company and' receives- a voucher is hot- bound by its terms unless apprised thereof;. because under such circumstances "he is not expected to take -the time to read it. It is not germane to this discussion to inquire whether the- rule of those cases was applicable,to the…
2Cases cited15 opinions
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Nanson v. JacobSupreme Court of Missouri · 1887
- Jennings v. Grand Trunk RailwayNew York Court of Appeals · 1891
- Bank of Orange v. BrownNew York Supreme Court · 1829
- Green v. . ClarkeNew York Court of Appeals · 1855
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Greenwald v. WeirAppellate Division of the Supreme Court of the State of New York · 1909
- Lux Art Van Service, Inc., a California Corporation v. Art PollardCourt of Appeals for the Ninth Circuit · 1965
- Jonasson v. WeirAppellate Division of the Supreme Court of the State of New York · 1909
- Addoms v. WeirAppellate Terms of the Supreme Court of New York · 1907
- Cohen v. Morris European & American Express Co.Appellate Division of the Supreme Court of the State of New York · 1912
4 more not listed; retrieve them via the Exa API.