Legal Opinion

Lewis v. American Railway Express Co.

City of New York Municipal Court

Decided March 15, 1920Published

Motion by defendant for judgment.

1Opinion of the CourtBogenshutz, J.

Plaintiff sues the defendant to recover the value of several articles of merchandise given by him to the defendant for transportation and delivery to certain consignees and lost in transit. The defendant denies liability. Plaintiff, a wholesale dealer in butter, cheese and eggs, received orders from out-of-town customers for the sale and delivery of this kind of goods. The orders were received through salesmen or by mail. When the goods were ready for transportation an agent of the defendant took up the parcels and signed for them in a general express receipt book kept by plaintiff. The…

2Cases cited14 opinions

  1. Pierson v. . CrooksNew York Court of Appeals · 1889
  2. Green v. . ClarkeNew York Court of Appeals · 1855
  3. Miller v. . HarveyNew York Court of Appeals · 1917
  4. Fein v. WeirAppellate Division of the Supreme Court of the State of New York · 1908
  5. Hudson River Telephone Co. v. City of New YorkNew York Court of Appeals · 1914

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