Rudolph Wurlitzer Co. v. Barrett
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by the Rudolph Wurlitzer Company against William M. Barrett, as president of the Adams Express Company. Judgment for plaintiff, and defendant appeals. Reversed, and complaint dismissed.
1Opinion of the CourtGuy, J.
The plaintiff has recovered damages herein for injuries to its motor, shipped by the Picturedome Company through the defendant to plaintiff’s place of business in New York City. The defendant tendered the motor at the plaintiff’s store on November 26, 1913, but the plaintiff refused to take it, because., as plaintiff claims, it was damaged while in the custody of the defendant.
The express receipt, which is the contract of shipment and was put in evidence by the plaintiff, provides that the defendant shall not be liable in any suit to recover for loss or damage unless the action shall *227be…
2Cases cited2 opinions
- Jonasson v. WeirAppellate Division of the Supreme Court of the State of New York · 1909
- Burke v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1909