Legal Opinion

Mills v. Weir

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 14 opinions

Appeal by the defendant, Levi 0. Weir, as president of the Adams Express Company, from a judgment of the Municipal Court of the city of Hew- York, borough of Brooklyn, in favor of the - plaintiff, entered on the 21st day of January, 1903.

1Opinion of the Court

Willard Bartlett, J.:

tlpon the evidence in this easel think that the defendant, instead of the plaintiff, was entitled to judgment.

The plaintiff delivered a trunk to the defendant,- at a house in Liberty, FT. Y., to be carried to Brooklyn, N. Y. At the- time of such delivery he received from the defendant’s agent a signed receipt, partly in .writing and partly in print, the material portions of which are as follows:

*397“ Adams Express Company,
“ Liberty, N. Y., 9/2, 1902. u Received of owner TK. . •
“ Marked F. L. Mills, Bklyn, N. Y.
“ Which it is mutually agreed is to. be forwarded to our Agency…

2Cases cited3 opinions

  1. Blossom v. . DoddNew York Court of Appeals · 1870
  2. Collender v. . DinsmoreNew York Court of Appeals · 1873
  3. Kirkland v. . DinsmoreNew York Court of Appeals · 1875

3Cited by14 opinions

  1. St. Louis S. F. R. Co. v. LaddSupreme Court of Oklahoma · 1912
  2. Knapp v. Wells, Fargo & Co.Appellate Division of the Supreme Court of the State of New York · 1909
  3. Morgan v. WoolvertonAppellate Division of the Supreme Court of the State of New York · 1910
  4. Hoffman v. Metropolitan Express Co.Appellate Division of the Supreme Court of the State of New York · 1906
  5. Chicago, R. I. &. P. Ry. Co. v. CraigSupreme Court of Oklahoma · 1916

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