D'Utassy v. . Barrett
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 19, 1916, which affirmed an order of Special Term overruling a demurrer to the amended answer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 19, 1916, which affirmed an order of Special Term overruling a demurrer to the amended answer. The following questions were certified: “1. Is the affirmative defense set forth in the paragraphs of the amended answer designated 111, IV, V, VI and VII sufficient in law upon the face thereof to constitute a partial defense to the first cause of action set forth in the amended complaint herein ? “2. Is the affirmative defense set forth in the paragraphs of the…
1Opinion of the CourtPound, J.
The complaint alleges that the defendant received certain packages from plaintiff’s assignors for interstate shipment and agreed to carry the same to the consignees thereof, but that said “Adams Express Company, its agents, servants and employees,”' stole said packages and their contents and have unlawfully disposed of-said property and have converted the same to their own use, to plaintiff’s damage upwards of $2,000. The answer sets up as a partial defense that it was agreed between the shipper and defendant that the value of each shipment was not more than $50 and that the defendant should…
2Cases cited18 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
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3Cited by44 opinions
- The SarniaCourt of Appeals for the Second Circuit · 1921
- Burke v. . Union Pacific R.R. Co.New York Court of Appeals · 1919
- Millhiser v. Beau Site Co.New York Court of Appeals · 1929
- Bank of California, N. A. v. International Mercantile Marine Co.Court of Appeals for the Second Circuit · 1933
- Honig v. RileyNew York Court of Appeals · 1926
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