Easter v. New York & Boston Despatch Express Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Yew York, borough of Manhattan, first district, dismissing the complaint upon the merits, after a trial held before the court without a jury.
1Opinion of the CourtGtegerich, J.
The plaintiff alleges in his complaint -that the defendant became indebted to him by reason of the loss of certain silks intrusted to' it- for carriage; that he has demanded payment for the said silks and presented á bill for the same amounting to $129.68; that the defendant promised and agreed with plaintiff to pay the sum of $129.68- in settlement of said claim; that no part of said sum has been paid, although repeatedly demanded.
At the trial the plaintiff w.as unable to prove any express promise, but he did show that he intrusted certain goods to the defendant for carriage and that these…
2Cases cited1 opinion
- Wickham v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1903