Springer v. . Westcott
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1897, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover' damages from the defendant, an unincorporated baggage express company, for breach of its contract to deliver a trunk and contents to the plaintiff.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1897, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover' damages from the defendant, an unincorporated baggage express company, for breach of its contract to deliver a trunk and contents to the plaintiff. The answer was in substance a general denial.' On Saturday, Sepember 14th, 1889, the plaintiff delivered her trunk to the Mew York Central & Hudson River Railroad Company at Troy and caused it to be checked from that…
1Opinion of the CourtVann, J.
The contract between the railroad company and the plaintiff was that it would transport her baggage from Troy to its depot in the city of Flew York, and upon presentation of her check at that place, to there deliver the trunk to her or her agent making demand therefor.
The contract between the express company and the plaintiff was that it would present her check to the railroad oom■pany at its depot in Hew York city, demand her trunk at that place, and upon receipt thereof transport it to Ho. 222 East 71st street, and there leave it; but if the railroad company should fail to deliver the…
2Cases cited3 opinions
- Madan v. . SherardNew York Court of Appeals · 1878
- Grossman v. DoddNew York Supreme Court · 1892
- Zimmer v. New York Central & Hudson River RailroadNew York Court of Appeals · 1893
3Cited by22 opinions
- Marine Ins. Co., Ltd., of London v. RehmLouisiana Court of Appeal · 1937
- Bernstein v. WeirAppellate Terms of the Supreme Court of New York · 1903
- Lawes v. N. O. Transfer Co.Louisiana Court of Appeal · 1929
- Bates v. WeirAppellate Division of the Supreme Court of the State of New York · 1907
- Strong v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1904
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