Legal Opinion

Morgan v. Woolverton

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

Decided January 14, 1910PublishedCited by 9 opinions

Appeal by the defendant, William H. Woolverton, as president, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of June, 1909, pursuant to an order entered in said clerk’s office on the 19th day of May, 1909, which set aside the verdict of a jury rendered by direction of the court subject to the opinion of the court; also from an order entered in said clerk’s office on the 27th day…

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Appeal by the defendant, William H. Woolverton, as president, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of June, 1909, pursuant to an order entered in said clerk’s office on the 19th day of May, 1909, which set aside the verdict of a jury rendered by direction of the court subject to the opinion of the court; also from an order entered in said clerk’s office on the 27th day of May, 1909, denying the defendant’s motion for a new' trial made upon the minutes, and also from the said-order setting…

1Opinion of the Court

Jenks, J.:

The plaintiff, when a passenger, on a railroad train, delivered a ■ check for her trunk to an agent of the defendant on that train, who undertook to take over the trunk from the railroad company and to deliver it at an address given by the plaintiff. The defendant failed to do so,, and the plaintiff has recovered a judgment of $1,200 for the contents of the trunk. At the close of the case the defendant moved for a direction of a verdict for the plaintiff, both for $100, and, whén defeated, for $150, on the ground that either one or the other, amount represented the full liability of…

2Cases cited5 opinions

  1. Blossom v. . DoddNew York Court of Appeals · 1870
  2. Magnin v. . DinsmoreNew York Court of Appeals · 1874
  3. Madan v. . SherardNew York Court of Appeals · 1878
  4. Grossman v. DoddNew York Supreme Court · 1892
  5. Mills v. WeirAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by9 opinions

  1. Tennessee Coach Co. v. CarterCourt of Appeals of Tennessee · 1943
  2. Meister v. WoolvertonNew York Supreme Court · 1910
  3. Central Storage Warehouse Co. v. PickeringOhio Supreme Court · 1926
  4. Hiddink v. WoolvertonCity of New York Municipal Court · 1910
  5. Meister v. WoolvertonAppellate Terms of the Supreme Court of New York · 1910

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