Van Pelt v. Barrett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William M. Barrett, 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 17th day of July, 1922, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 29th day of June, 1922, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The action was to recover damages occasioned by the delay in transportation of a carload of eggs from Louisville, Ky., to New York city. The eggs were delivered to the defendant at Louisville, February 23, 1918, and were not received and delivered to the consignee in the city of New York until March 4, 1918. The plaintiff established a sufficient prima facie case.
The sole defense relied upon by the defendant, and upon which evidence was offered, was that no claim was filed with the defendant within four months after the delivery of the property to the consignee, as required by the…
2Cases cited2 opinions
- Newton v. . PorterNew York Court of Appeals · 1877
- Bell v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by5 opinions
- Barrett v. Van PeltSupreme Court of the United States · 1925
- Clinckett v. CasseresAppellate Division of the Supreme Court of the State of New York · 1923
- Peck v. KlepfelNew York Supreme Court · 1930
- Gamble-Robinson Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Minnesota · 1924
- Sapinkopf v. Cunard Steamship Co.New York Supreme Court · 1928