Shwartz v. Fargo
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Dutchess County. Action by Julia Shwartz against James F. Fargo, as treasurer of the American Express Company. From a judgment for plaintiff and from an order denying a new trial, defendant appeals.
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 $50, 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.” The statute…
2Cases cited4 opinions
- Greenwald v. . BarrettNew York Court of Appeals · 1910
- 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