Rosenblum v. Weir
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Pescha Rosenblum against Levi C. Weir as president of the Adams Express Company. Judgment for plaintiff, and defendant appeals.
1DissentHendrick, J.
There was no proof in the case that the package in question was ever delivered to the defendant or to one of its authorized agents, and the case comes squarely within the principle laid down in Abrams v. Platt, 23 Misc. Rep. 637, 52 N. Y. Supp. 153. The distinction urged by the respondent- that in this case the package was actually placed on a wagon bearing the name “Adams Express Co.” does not bring it within the authority of Leuis v. Van Horn, 24 Misc. Rep. 765, 53 N. Y. Supp. 546. In that case the proof was that the package was placed on the same wagon “which called at the plaintiff’s…
2Cases cited2 opinions
- Abrams v. PlattAppellate Terms of the Supreme Court of New York · 1898
- Lewis v. Van HornCity of New York Municipal Court · 1898