Shwartz v. Fargo
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Dutchess County. Action by Julia Shwartz against James F. Fargo, as treasurer of the American Express Company. From a judgment for plaintiff and from an order denying a new trial, defendant appeals.
1Opinion of the CourtRich, J.
About three years prior to April, 1908, the defendant company issued to plaintiff’s husband, who conducts a clothing store in the city of Poughkeepsie, a book of blank express receipts, on the inside of the first cover of which was a printed statement limiting the defendant’s liability on shipments to be receipted for in such book to $50, unless the just and true value was stated in the receipt and an extra charge paid based on such higher value. Each page of the book was headed;
“American Express Company. Received of......the property hereinafter described, to be forwarded subject to the…
2Cases cited3 opinions
- Springer v. . WestcottNew York Court of Appeals · 1901
- Strong v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Woolsey v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1905