Kaiser v. Hoey
City of New York Municipal Court
On submission of a cause on an agreed statement of facts. Action brought by Julius Kaiser against John Hoey as president of the Adams Express Company, which is a joint-stock association, and a common carrier of goods. On the 23d of December, 1887, at Shenandoah, Pa., the plaintiff’s assignor delivered to the defendant certain goods which the company agreed to deliver to him at No. 44 Maiden lane, in the city of New York.
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On submission of a cause on an agreed statement of facts. Action brought by Julius Kaiser against John Hoey as president of the Adams Express Company, which is a joint-stock association, and a common carrier of goods. On the 23d of December, 1887, at Shenandoah, Pa., the plaintiff’s assignor delivered to the defendant certain goods which the company agreed to deliver to him at No. 44 Maiden lane, in the city of New York. By the terms of the bill of lading, delivered at the time, it is provided that “in no event shall the Adams Express Company be liable for any loss or damage unless the claim…
1Opinion of the CourtMcAdam, C. J.
As the defendant is liable for the loss of goods intrusted to its care, it is not unreasonable to impose as a condition of recovery that *430claims for losses must be made within a reasonable time, specified in the contract. Such a provision is in the nature of a condition precedent, is binding on the party who accepts such a contract, and precludes him from recovering without proof that the condition has been performed. Its purpose is to enable the company to search for the missing goods; finding them if it can, and either delivering them to the consignee, or redelivering them to the shipper;…
2Cases cited8 opinions
- Missouri Pacific Railway Co. v. HarrisTexas Supreme Court · 1886
- Moulton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- Grogan & Merz v. Adams Express Co.Supreme Court of Pennsylvania · 1886
- Pennsylvania R. v. RaiordonSupreme Court of Pennsylvania · 1888
- Black v. Goodrich Transportation Co.Wisconsin Supreme Court · 1882
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3Cited by1 opinion
- American Grocery Co. v. Staten Island Rapid Transit RailroadAppellate Terms of the Supreme Court of New York · 1898