Jonasson v. Weir
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Levi 0. Weir, as president, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of May, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of May, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
This appeal presents the familiar case of an attempt of a shipper to recover the full value of goods delivered to an express company and lost by it, where the contract of shipment contains a clause limiting liability unless the value is stated in the express receipt, and no value is so expressed. There is no dispute that on November 15 and 19, 1906, the plaintiff delivered to a driver of defendant eleven packages, properly packed and addressed, of the aggregate value of $1,479.63, and that none of these packages were delivered or tendered to or received by the consignees to whom…
2Cases cited3 opinions
- Belger v. . DinsmoreNew York Court of Appeals · 1872
- Bates v. WeirAppellate Division of the Supreme Court of the State of New York · 1907
- Springer v. WestcottNew York Supreme Court · 1894
3Cited by12 opinions
- Greenwald v. WeirAppellate Division of the Supreme Court of the State of New York · 1909
- Cohen v. Morris European & American Express Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Gardiner v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Burke v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Crosby v. 20 Fifth Avenue Hotel Co.City of New York Municipal Court · 1939
7 more not listed; retrieve them via the Exa API.