Legal Opinion

Greenwald v. Weir

Appellate Terms of the Supreme Court of New York

Decided June 15, 1908PublishedCited by 6 opinions

Appeal by the plaintiffs from a judgment of the Municipal Court of the city of New York, seventh district, borough of Manhattan, in favor of the defendant, after a trial before the court without a jury, for the sum of fifty dollars and costs.

1Opinion of the CourtSeabury, J.

The facts of this case are undisputed. The plaintiffs delivered to Adams Express Company a package containing dry goods of the value of $285, to be forwarded to Waukegan, 111. An employee of the defendant received the package and signed a receipt for it. Hotting was said at this time in reference to the contents or value of the package. The package was not delivered and its loss is not explained. The express receipt had printed in small type upon it the following clause: “ In consideration of the rate charged for carrying said property, which is regulated by the value thereof and is based…

2Cases cited5 opinions

  1. Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
  2. Tewes v. North German Lloyd Steamship Co.New York Court of Appeals · 1906
  3. Hoye v. . Pennsylvania R.R. Co.New York Court of Appeals · 1908
  4. Addoms v. WeirAppellate Terms of the Supreme Court of New York · 1907
  5. Barnes v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by6 opinions

  1. Greenwald v. WeirAppellate Division of the Supreme Court of the State of New York · 1909
  2. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MitchellIndiana Supreme Court · 1910
  3. Greenwald v. WeirAppellate Division of the Supreme Court of the State of New York · 1909
  4. Vigouroux v. PlattNew York Supreme Court · 1909
  5. Cohn v. Adams Express Co.Appellate Court of Illinois · 1912

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