Magnin v. Dinsmore
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiffs entered upon a verdict. (Reported below, 46 How. Pr. R., 297.) This action was brought to recover for the loss of a package of watches and watch-keys delivered by plaintiffs to the Adams Express Company to he forwarded to J. E. Merriinan & Co., at Memphis, Tenn.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiffs entered upon a verdict. (Reported below, 46 How. Pr. R., 297.) This action was brought to recover for the loss of a package of watches and watch-keys delivered by plaintiffs to the Adams Express Company to he forwarded to J. E. Merriinan & Co., at Memphis, Tenn. The following is a copy of the receipt given by the company : Insured by Adams Express Company. : : 8720. i : ADAMS EXPRESS COMPANY, • • great eastern, western and southern express : : EORWARDERS. : : New…
1Opinion of the CourtJohnson, J.
The first question which arises in this case is as to the meaning of the contract under which the plaintiffs claim to recover against the defendants; for it is no longer open to question, in this State, that in the absence of fraud or imposition, the rights of carrier and shipper are controlled by a contract, in writing, delivered to the shipper by the carrier, at the time of the receipt of property for transportation. (Collender v. Dinsmore, 55 N. Y., 200; Long v. N. Y. Cent. Railroad, 50 id., 76.) The contract contains the following clauses: “It is further agreed, and is part of the…
2Cases cited7 opinions
- Bissell v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Bostwick v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1871
- Collender v. . DinsmoreNew York Court of Appeals · 1873
- Steinweig v. . the Erie RailwayNew York Court of Appeals · 1870
- Newstadt v. AdamsThe Superior Court of New York City · 1855
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3Cited by2 opinions
- In Re Shelton's WillSupreme Court of North Carolina · 1906
- In re Shelton's WillSupreme Court of North Carolina · 1906