Semler v. Schmicker

Fulop, D. C. J.

Defendant ordered thirty dozens of “pantys” from plaintiffs in Eew York to be shipped to defendant in Rahway. The price of the goods was $413.50. The sale *306was on short credit, defendant to pay immediately on receipt of the goods.

The goods were sold by sample and description. Plaintiffs packed the goods ordered and shipped them by railway express, making no declaration of value in excess of $50 and providing no insurance. The goods were lost in transit.

Defendant disclaimed any interest in recovery from the express company. Plaintiffs thereupon collected $50, the limit of the…