Miller v. Taylor
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fifth district, rendered in favor of plaintiff, after a trial before the court without a jury.
1Opinion of the CourtDelehanty, J.
Upon the stipulated facts, it appears that one Joseph McElroy, whose name appears in the receipt as the shipper, was the agent of plaintiff, who requested the defendant express *19company to call at the hotel in Penn Tan for a suit case which he had left there and to transport it to a certain address in the city of New York. McElroy left the case with one Bowne, the clerk of the hotel, directing him to give it-to the expressman. No terms of shipment were agreed upon or discussed with the express company by either McElroy or Bowne, the latter only receiving the usual receipt for transporting and…
2Cases cited7 opinions
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Wamsley v. . Atlas Steamship Co.New York Court of Appeals · 1901
- Waldron v. . FargoNew York Court of Appeals · 1902
- Knapp v. Wells, Fargo & Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Addoms v. WeirAppellate Terms of the Supreme Court of New York · 1907
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