Davis v. Wells Fargo & Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Albert Davis and others, doing business as D. Davis & Sons, against Wells Fargo & Co. From a judgment for plaintiffs after a trial by the court without a jury, defendant appeals.
1Opinion of the CourtCohalan, J.
This action was brought to recover for an alleged misdelivery of an express shipment by the defendant express company. The court found that the complaint of misdelivery was established, and rendered judgment for the plaintiffs in the sum of $45.11, the undisputed value of the shipment.
It appears that on July 9, 1913, plaintiffs delivered to the defendant company a bale of sponges marked “J. Cuccia, 334 East Twelfth street, New York City.” The defendant’s driver on the following day took the package in question to 334 East Twelfth street and inquired for J. Cuccia. He was advised that he was…
2Cases cited1 opinion
- Hassam v. PlattAppellate Division of the Supreme Court of the State of New York · 1914