Legal Opinion
Platt v. Gross
Appellate Terms of the Supreme Court of New York
Decided February 23, 1905PublishedCited by 1 opinion
Appeal from Municipal Court, Borough of Manhattan, Thirteenth District. Action by Thomas C. Platt, as president of the United State's Express Company, against Morris Gross. From a judgment for defendant, plaintiff appeals. Reversed.
1Opinion of the CourtMcCALL, J.
In May, 1904, the defendant shipped by the United States Express Company a package, containing hats, to one Rabot, in Philadelphia, Pa. Subsequently a claim was made upon the plaintiff that the goods were lost in transit, and the plaintiff thereupon paid the defendant the sum of $36.25, the defendant agreeing in writing as follows:
“It is understood and agreed that in case these goods are recovered and restored in the same condition as when originally shipped the amount of this-claim will be refunded to the United States Express Company.”
The goods were recovered, and tendered to defendant, who…
2Cited by1 opinion
- Joannes Bros. v. Czarnikow-Rionda Co.New York Supreme Court · 1923