Legal Opinion

Greenwald v. Weir

Appellate Division of the Supreme Court of the State of New York

Decided March 5, 1909PublishedCited by 20 opinions

Appeal by the defendant, Levi 0. Weir, as president,, etc., from an order of the Appellate Term of the Supreme Court, entered in the office of the cleric of the county of Hew York on the 5th day of June, 1908, reversing a judgment of the Municipal Court of the city of Hew York,, borough of Manhattan, in favor of the plaintiffs, entered on the 30th day of September, 1907.

1Opinion of the Court

Scott, J.:

This is an action against an express company to recover the alleged actual value of merchandise shipped by plaintiffs upon a receipt in which was stated an agreed valuation ,of fifty dollars.

The plaintiffs, at their place of business in the city of Hew York, delivered to defendant a package of dry goods to be carried to Waukegan, 111. The plaintiffs had in their possession, and had been in the habit of using for some months, a book issued by defendant containing printed forms of express receipts. They had been in the habit of using similar forms for six years. The receipt was filled…

2Cases cited7 opinions

  1. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  2. Zimmer v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1893
  3. Rosenthal v. . WeirNew York Court of Appeals · 1902
  4. Jonasson v. WeirAppellate Division of the Supreme Court of the State of New York · 1909
  5. Bates v. WeirAppellate Division of the Supreme Court of the State of New York · 1907

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3Cited by20 opinions

  1. Greenwald v. . BarrettNew York Court of Appeals · 1910
  2. Armitage v. Board of EducationNew York Supreme Court · 1924
  3. Larsen v. Oregon Short Line RailroadUtah Supreme Court · 1910
  4. Post v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1912
  5. Travis v. Wells Fargo & Co.Supreme Court of New Jersey · 1909

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