Heuman v. M. H. Powers Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 17, 1917, which reversed a determination of the Appellate Term affirming a judgment of the City Court of the city of New York in favor of plaintiff, entered upon a verdict and granted a new trial.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 17, 1917, which reversed a determination of the Appellate Term affirming a judgment of the City Court of the city of New York in favor of plaintiff, entered upon a verdict and granted a new trial. The action was begun in the City Court against the defendant, a common carrier, to recover the value of certain jewelry which was lost while in possession of the defendant. The plaintiff employed the defendant to move her household goods from one apartment to another…
1Opinion of the CourtCuddeback, J.
The action is for a breach by the defendant of the contract of carriage.
It will be observed that the memorandum signed by the plaintiff's husband contains no stipulation as to the value of the property intrusted to the defendant, but simply a clause hmiting the responsibility of the defendant for any article or the contents thereof to $50. Therefore, those cases which involve a stipulation between the shipper and the carrier as to the value of the goods carried to measure the extent of the carrier’s liability in case of loss, do not apply. (D’ Utassy v. Barrett, 219 N. Y. 420.)
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2Cases cited6 opinions
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Magnin v. . DinsmoreNew York Court of Appeals · 1875
- D'Utassy v. . BarrettNew York Court of Appeals · 1916
- Gardiner v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Waters v. Beau Site Co.City of New York Municipal Court · 1920
- Dave Levine & Co. v. Wole's Package Depot, Inc.New York Supreme Court · 1955
- Glinsky v. Dunham & Reid, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- Crosby v. 20 Fifth Avenue Hotel Co.City of New York Municipal Court · 1939
- Mangelsdorf Seed Co. v. Missouri Pacific RailroadSupreme Court of Kansas · 1929
2 more not listed; retrieve them via the Exa API.