Belger v. . Dinsmore
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the first judicial district, setting aside a verdict in favor of defendant and granting a new trial. (Reported below, 51 Barb., 69; 34 How. Pr., 421.) The action was brought to recover the value of a trunk and its contents delivered by the plaintiff to the defendant for transportation, but which never reached its place of destination.
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Appeal from an order of the General Term of the Supreme Court in the first judicial district, setting aside a verdict in favor of defendant and granting a new trial. (Reported below, 51 Barb., 69; 34 How. Pr., 421.) The action was brought to recover the value of a trunk and its contents delivered by the plaintiff to the defendant for transportation, but which never reached its place of destination. It was shown, on the trial, that six trunks and three boxes were delivered on the 4th day of Hay, 1864, by the wife of the plaintiff to the Adams Express Company to be carried from Baltimore, in…
1Opinion of the Court
Lott, Ch. C.
The exceptions taken on the trial present two questions.
1st. As to the admissibility of the contract in evidence, and
2d. As to its legal effect.
Two objections were raised by the plaintiff against its admission as competent proof; one was the want of a H. S. revenue stamp. That is not presented in the points of the respondent on this argument, and is, I presume, abandoned. If not, it will be sufficient to say that the stamps affixed on the trial, in the presence of the court, supplied the want, under the 163d section of the act of congress of June 30th, 1864. (13 U. S. Stats. at…
2Cited by57 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Westcott v. . FargoNew York Court of Appeals · 1875
- Steers v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1874
- Germania Fire Insurance v. Memphis & Charlestown RailroadNew York Court of Appeals · 1878
- Mateer v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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