Miller v. . Harvey
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 20, 1914, which affirmed a determination of the Appellate Term reversing a judgment of the Municipal Court of the city of New York in favor of plaintiff and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion..
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 20, 1914, which affirmed a determination of the Appellate Term reversing a judgment of the Municipal Court of the city of New York in favor of plaintiff and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.. When a buyer requests the seller to ship goods and does not instruct him as to the means and terms of shipment, he thereby authorizes the seller to ship under a limited…
1Opinion of the CourtCardozo, J.
The plaintiff sold to the defendant in the city of New York automobile tires which were to be sent by express to Allenhurst, New Jersey. The price, $95.43, was paid by the defendant in advance. The seller intrusted the tires to an express company without declaring their value. The waybill states that the value was asked and not given. By the contract of carriage the liability of the carrier was limited to $50, unless a greater value was “ declared and paid for or agreed to be paid for at the time of shipment.” The tires were lost in transit. The defendant notified the plaintiff of the loss…
2Cases cited6 opinions
- Reid v. FargoSupreme Court of the United States · 1916
- Shelton v. . Merchants' Dispatch Trans. Co.New York Court of Appeals · 1874
- Waldron v. . FargoNew York Court of Appeals · 1902
- Stafford & Brother v. Walter & SkeltonIllinois Supreme Court · 1873
- Lewis v. ImhofMissouri Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Blumenthal Import Corp. v. Den Norske Amerikalinje A/SCourt of Appeals for the Second Circuit · 1940
- Deyrmanjian v. PalaisMassachusetts Supreme Judicial Court · 1942
- Commonwealth Title Insurance & Trust Co. v. GregsonIllinois Supreme Court · 1922
- Northern Assurance Co. v. WolkAppellate Terms of the Supreme Court of New York · 1944
- Graubart v. PosnerAppellate Terms of the Supreme Court of New York · 1947
15 more not listed; retrieve them via the Exa API.