Lienan v. Dinsmore
New York Court of Common Pleas
Appeal from a judgment. This action was brought by Michael Lienan and others, against William Dinsmore, President of the Adams Express Company. It appears that the plaintiffs sold goods to one David Wolff, of Memphis, Tennessee, amounting to one-thousand and thirty-seven dollars and fifty-six cents.
Read the full summary
Appeal from a judgment. This action was brought by Michael Lienan and others, against William Dinsmore, President of the Adams Express Company. It appears that the plaintiffs sold goods to one David Wolff, of Memphis, Tennessee, amounting to one-thousand and thirty-seven dollars and fifty-six cents. On December 26, 1866, the former drew a draft on the latter for that sum, payable at sight to the order of the Adams Express Company, and on the same day delivered the draft to said company for collection. The route of the defendants only extended to Bowling Green, Kentucky ; they, at that place,…
1Opinion of the Court
Loew, J.*
An express company may be deemed a common carrier, and, like the latter, may restrict or limit their liability by express contract; but it may well be *212doubted whether they can do so by a mere printed notice or condition on the receipt, which the party sending goods by or otherwise employing them may or may not have seen (Dorr v. New Jersey Steam Navigation Co., 11 N. Y., 485 ; Bissell v. New York Central R. R. Co., 25 N. Y., 442 ; Belger v. Dinsmore,34 How. Pr., 421). Assuming, but without deciding, that the defendants in this action could not thus limit their responsibility, or if…
2Cases cited5 opinions
- Bissell v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
- S. & M. Allen v. Suydam & BoydNew York Supreme Court · 1838
- Newstadt v. AdamsThe Superior Court of New York City · 1855
- Belger v. DinsmoreNew York Supreme Court · 1868
3Cited by2 opinions
- Smyth v. International Life Assurance Co.New York Court of Common Pleas · 1868
- Fahy v. FargoNew York Supreme Court · 1892