Madan v. . Sherard
New York Court of Appeals
Appeal from judgment of the General Term of the ■Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict.
Read the full summary
Appeal from judgment of the General Term of the ■Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 10 J. & S., 353.) , This action was brought against plaintiff, as president of the New York Transfer Company, a company engaged as a common-carrier in the business of transferring baggage in the city of New York, to recover the value of a trunk and its contents, alleged to have been lost while in its hands. The answer alleged that the trunk was received by the company under a special contract, which, among other things,…
1Opinion of the CourtAndrews, J.
The circumstances under which the plaintiff received the receipt or paper alleged to be a contract are very similar to those in the case of Blossom v. Dodd (43 N. Y., 270). The defendant’s agent came into the car in which the plaintiff was seated, called for baggage, received the plaintiff’s check for his trunk, and directions for its delivery, made an entry in pencil in his tally-book, marked on the receipt the date, the number of the check and the place of delivery of the trunk, handed it to the plaintiff and immediately passed on, nothing further being said to or by the plaintiff. The…
2Cases cited1 opinion
- Blossom v. . DoddNew York Court of Appeals · 1870
3Cited by30 opinions
- Agricultural Ins. v. ConstantineOhio Supreme Court · 1944
- Klar v. H. & M. Parcel Room, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
- Zimmer v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1893
- Merrill v. Pacific Transfer Co.California Supreme Court · 1901
- Kergald v. Armstrong Transfer Express Co.Massachusetts Supreme Judicial Court · 1953
25 more not listed; retrieve them via the Exa API.