Adams Express Co. v. Mellichamp
Supreme Court of Georgia
Questions of law; from Court of Appeals. 3225. The Court of Appeals certified the following questions: “1. Upon the facts hereinafter stated, is the plaintiff entitled to recover; and if so, should his recovery be limited to $50, or can he recover the actual value of the goods lost? The Adams Express Company issued, in the city of New York, an express receipt for a small package about one and three-quarters by two inches in size, and sealed at the time it was delivered to…
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Questions of law; from Court of Appeals. 3225. The Court of Appeals certified the following questions: “1. Upon the facts hereinafter stated, is the plaintiff entitled to recover; and if so, should his recovery be limited to $50, or can he recover the actual value of the goods lost? The Adams Express Company issued, in the city of New York, an express receipt for a small package about one and three-quarters by two inches in size, and sealed at the time it was delivered to the carrier. The package contained a diamond ring worth from $175 to $300. The shipper was a jeweler in New York, and for…
1Opinion of the CourtLumpkin, J.
1. The answers to the questions propounded by the Court of Appeals in this case are in large part controlled by the decision in Southern Express Company v. Hanaw, 134 Ga. 445 (67 S. E. 944, 137 Am. St. R. 227). In some States the delivery by a common carrier and acceptance by a shipper of a receipt containing a limitation on the liability of the carrier, such as that here involved, is sufficient to make a valid contract. Under the statute and decisions of this State, it is not. It is permissible to make a liona fide valuation of goods. But even the most express contract to arbitrarily limit…
2Cases cited12 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. SolanSupreme Court of the United States · 1898
- Pennsylvania R. Co. v. HughesSupreme Court of the United States · 1903
- Merchants' Cotton Press & Storage Co. v. Insurance Co. of North AmericaSupreme Court of the United States · 1894
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Magnin v. . DinsmoreNew York Court of Appeals · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Atlantic Coast Line R. v. United States Fidelity & Guaranty Co.District Court, M.D. Georgia · 1943
- Central of Georgia Railway Co. v. YesbikSupreme Court of Georgia · 1917
- Post v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1912
- Walton v. WardSupreme Court of Georgia · 1914
- Atlanta & West Point Railroad v. Fairburn Marble Co.Supreme Court of Georgia · 1916
4 more not listed; retrieve them via the Exa API.