Clark v. Martin
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Aimee Clark against Clarence D. Martin, as Treasurer of the United States Express Company. From a judgment for plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtPage, J.
This is an action to recover the value of certain goods shipped by defendant express company. The plaintiff offered in evidence the receipt, which limited the liability of the defendant to $50 in case of loss or damage. It has been repeatedly held that such a receipt constitutes, in the absence of fraud or concealment, the contract between the parties, and limits plaintiff’s recovery. Knapp v. Wells Fargo Co., 134 App. Div. 712, 119 N. Y. Supp. 117; Noonan v. Wells Fargo Co., 68 Misc. Rep. 322, 123 N. Y. Supp. 903; Greenwald v. Barrett, 199 N. Y. 170, 92 N. E. 218, 35 L. R. A. (N. S.) 971,…
2Cases cited4 opinions
- Greenwald v. . BarrettNew York Court of Appeals · 1910
- Knapp v. Wells, Fargo & Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Noonan v. Wells-Fargo & Co.New York Supreme Court · 1910
- Noonan v. Wells Fargo & Co.Appellate Terms of the Supreme Court of New York · 1910