Zambakian v. Werner
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Ardashes K. Zambakian, an infant, by John Emanuel, his guardian ad litem, against William H. Werner. From an interlocutory judgment sustaining a demurrer to the complaint, and from a final judgment dismissing the complaint, plaintiff appeals. Reversed, and new trial ordered.
1Opinion of the CourtDayton, J.
The complaint alleges that defendant was a common carrier, and that plaintiff delivered to John E. Moore Company a bundle in gc. od order and securely wrapped, containing articles worth $355, and received-from said John E. Moore Company a brass check marked, “Immigration Depot L. 338,” a duplicate of which was attached to said bundle, which bundle said company agreed to deliver at Ellis Island to plaintiff’s order on presentation of said check to the defendant, who for a reasonable compensation agreed to transfer and deliver said bundle to the plaintiff at a specified place in the borough of…
2Cases cited2 opinions
- Springer v. . WestcottNew York Court of Appeals · 1901
- Aikin v. . WestcottNew York Court of Appeals · 1890