Henry Oppenheimer & Co. v. United States Express Co.
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action brought by the appellants, wholesale jewelers in the city of Chicago, to recover from appellee the value of a box of merchandise which was delivered to the defendant at New York City for transportation to the plaintiffs.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action brought by the appellants, wholesale jewelers in the city of Chicago, to recover from appellee the value of a box of merchandise which was delivered to the defendant at New York City for transportation to the plaintiffs. A jury having been waived in the court below, the cause was submitted to the court for trial, and judgment rendered for the plaintiffs for $50, from which judgment they appealed. It appeared in evidence on the trial that, on the 6th of October, 1871, the firm of May &…
1Opinion of the CourtJustice Sheldon
The question presented by this record is, as to the effect of the clause in the receipt in this case restricting the liability of the company to $50, unless the value of the package was stated. The denial in the testimony that the consignors had knowledge of this condition in the receipt, must be held to be overcome by the circumstances of the case. These consignors were business men, merchants, engaged in an extensive traffic in the city of New York. They had, for . a series of years, been doing business with this company, making shipments of goods over its lines for a period of at least a…
2Cases cited6 opinions
- Orange County Bank v. BrownNew York Supreme Court · 1832
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Western Transportation Co. v. NewhallIllinois Supreme Court · 1860
- Hollister v. NowlenNew York Supreme Court · 1838
- Chicago & Aurora Railroad v. ThompsonIllinois Supreme Court · 1858
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3Cited by22 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
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- Chicago & Northwestern Railway Co. v. ChapmanIllinois Supreme Court · 1890
- Erie Railway Co. v. WilcoxIllinois Supreme Court · 1876
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