Shwartz v. Fargo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James F. Fargo, as treasurer, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 22d day of September, 1910, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 17th day of May, 1910, denying the defendant’s motions to set aside the verdict and for a new trial and to reduce the verdict.
1DissentBurr, J.
I dissent. The learned trial justice instructed the jury that defendant was absolutely liable to the plaintiff for the fair and reasonable value of the goods -delivered to it. The only question submitted to them was that of value. Defendant contends that the extent of its liability is the sum of fifty dollars with interest from the date of- its failure. to deliver the goods in question to the person to whom they were sent. In response to defendant’s request to direct a verdict for plaintiff in that sum, the trial justice stated that he would do so “ except for the provision of this statute.”…
2Cases cited4 opinions
- Morgan v. WoolvertonAppellate Division of the Supreme Court of the State of New York · 1910
- Baum v. Long Island RailroadCity of New York Municipal Court · 1908
- Barnes v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1906
- Barnes v. . Long Island Railroad CompanyNew York Court of Appeals · 1908