Achille Starace & Co. v. Raporel S. S. Line, Inc.
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, rendered in favor of the plaintiff, for the sum of $783.
1Opinion of the CourtLehman, J.
The plaintiff delivered to the defendants three cases of goods for shipment from this city to Port-au-Prince, in the republic of Haiti. The goods were never delivered to the consignee, and the defendants admit liability for their loss. At the trial it was stipulated that the only issue to be litigated is “ whether or not defendants’ liability in this action is to be limited to the sum of $100 for each package or case lost.”
When the goods were delivered to the defendants they issued a bill of lading, and amongst the conditions printed upon the bill of lading is the following: “ 21. Unless a…
2Cases cited1 opinion
- Mariani Bros. v. Thomas Wilson, Sons & Co.Appellate Division of the Supreme Court of the State of New York · 1919
3Cited by2 opinions
- Faultless Clothing Co. v. Branch Storage Co.City of New York Municipal Court · 1937
- Sol Tammy Co. v. CohenCity of New York Municipal Court · 1962