Legal Opinion
H. R Mallison & Co. v. Barrett
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 1926PublishedCited by 3 opinions
1Opinion of the Court
Clarke, P. J,
The facts are sufficiently stated in the dissenting opinion of Mr. Justice Martin. The plaintiff is estopped (Kansas City Southern R. Co. v. Carl, 227 U. S. 639) by its declared valuation of the five bales of silk of $1,375. It cannot recover $818.50 for the loss of one bale. ( United Lead Co. v. Lehigh Valley R. R. Co., 156 App. Div, 525; affd., 215 N. Y. 751.) The determination *525appealed from should, therefore, be modified by directing that the judgment of the Municipal Court be modified by reducing the amount thereof as entered to the sum of $377.34, and as so modified…
2Cases cited3 opinions
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- United Lead Co. v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- United Lead Company v. . Lehigh Valley Railroad CompanyNew York Court of Appeals · 1915
3Cited by3 opinions
- Chenango Textile Corp. v. WillockAppellate Division of the Supreme Court of the State of New York · 1936
- Aronstein v. New York Central RailroadNew York City Court · 1928
- Mavis Hosiery Co. v. Pennsylvania Transportation Co.City of New York Municipal Court · 1930