Belger v. Dinsmore
New York Supreme Court
THE plaintiff sues the defendant to recover the value of a trunk placed in charge of the express company, and lost while under their care. The loss was not disputed on the trial. The plaintiff valued the trunk and contents at $467. The defendant offered in evidence a receipt, given at the time of receiving the trunk, on which was a stipulation on the part of the company, limiting their liability in various ways.
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THE plaintiff sues the defendant to recover the value of a trunk placed in charge of the express company, and lost while under their care. The loss was not disputed on the trial. The plaintiff valued the trunk and contents at $467. The defendant offered in evidence a receipt, given at the time of receiving the trunk, on which was a stipulation on the part of the company, limiting their liability in various ways. The only fact material in this controversy is as follows: “ Eor in any event shall the holder hereof demand beyond the sum of fifty dollars, at which the article forwarded is hereby…
1Opinion of the Court
By the Court, Ingraham, J.
Two questions are submitted to us on this case: 1st. Whether a receipt by an express company requires a stamp ; and, 2d. Whether such a receipt, which limits the liability of the express company, is a contract between the parties, protecting the company from liability, except as stated therein, without any proof of knowledge on the part of the holder, of the contents thereof.
First. The objection to the admission of the receipt without a stamp has been examined by the general term of this district, in the case of DeBarre v. The Hope Express Co., (48 Barb. 511.) It was…
2Cases cited7 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
- Sweet v. . BarneyNew York Court of Appeals · 1861
- Parsons v. Monteath & HazardNew York Supreme Court · 1851
- Russell v. LivingstonNew York Supreme Court · 1855
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3Cited by4 opinions
- Merchants' Despatch Transportation Co. v. FurthmannIllinois Supreme Court · 1893
- Kuter v. Michigan Cent. R. Co.U.S. Circuit Court for the District of Illinois · 1853
- Van Schaack v. Northern Transp. Co.U.S. Circuit Court for the Northern District of Illnois · 1872
- Lienan v. DinsmoreNew York Court of Common Pleas · 1871