Heuman v. M. H. Powers Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, M. H. Powers Company, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 22d day of May, 1916, affirming a judgment of the City Court of the City of New York in favor of the plaintiff. An appeal is also taken as stated in the notice of appeal from the order of the Appellate Term denying defendant’s motion for a reargument.
1Dissent
Smith, J. (dissenting):
Plaintiff in this case sued to recover from the defendant the sum of $1,115, the value of certain jewelry stolen from a safe *631owned by the plaintiff, which safe was delivered to the defendant for cartage and subsequently rifled by the defendant’s employees. It appears that the plaintiff was about to remove her household goods to a new residence, and employed the defendant company to transport these goods to the new place of residence for the lump sum of $49. The defendant is engaged in the moving and storage business, and at the time the contract was made secured the…
2Cases cited5 opinions
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinSupreme Court of the United States · 1916
- Tewes v. North German Lloyd Steamship Co.New York Court of Appeals · 1906
- Wheeler v. Oceanic Steam Navigation Co.New York Court of Appeals · 1891
- Gardiner v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- D'Utassy v. BarrettAppellate Division of the Supreme Court of the State of New York · 1916