Magnin v. . Dinsmore
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Oourt of the city of New York, affirming a judgment in favor of plaintiffs entered upon a verdict. This action was brought against defendant, as president of the Adams Express Company, to recover the value of a package of watches and watch-keys delivered to that company for transportation, consigned to J. E. Merriman & Co., Memphis, Tennessee.
Read the full summary
Appeal from judgment of the General Term of the Superior Oourt of the city of New York, affirming a judgment in favor of plaintiffs entered upon a verdict. This action was brought against defendant, as president of the Adams Express Company, to recover the value of a package of watches and watch-keys delivered to that company for transportation, consigned to J. E. Merriman & Co., Memphis, Tennessee. The receipt given by the company contained this clause: “ If the value of the property above described is not stated by the shipper, the holder hereof will not demand of the Adams Express Company…
1Opinion of the CourtFolger, J.
There was a contract between the plaintiffs and the defendant, that if they did not state to it the value of the property shipped, they would not demand of it a sum exceeding fifty dollars for the loss or detention thereof. (Magnin v. Dinsmore, Prest., etc., 56 N. Y., 168.) This contract did not, per se, excuse the defendant from liability for a loss arising from its negligence. (Id.) Thus we have heretofore held in this case.
At the trial, the rulings in which are now under review, the jury found negligence in the defendant, and that the loss arose therefrom. The judgment of the court above…
2Cases cited4 opinions
- Orange County Bank v. BrownNew York Supreme Court · 1832
- Magnin v. . DinsmoreNew York Court of Appeals · 1874
- Sturgess v. . BissellNew York Court of Appeals · 1871
- Richards v. WestcottThe Superior Court of New York City · 1858
3Cited by58 opinions
- Calderon v. Atlas Steamship Co.Supreme Court of the United States · 1898
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Houston & T. C. R. R. Co. v. BurkeTexas Supreme Court · 1881
- D'Utassy v. . BarrettNew York Court of Appeals · 1916
53 more not listed; retrieve them via the Exa API.