Perrin v. United States Express Co.
Supreme Court of New Jersey
On error to the Supreme Court. This suit was brought to recover damages for the loss of a case containing gloves, delivered by the plaintiffs at their factory in the city of Plainfield, in this state, to the defendant for shipment by express to their store in the city of Yew York.
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On error to the Supreme Court. This suit was brought to recover damages for the loss of a case containing gloves, delivered by the plaintiffs at their factory in the city of Plainfield, in this state, to the defendant for shipment by express to their store in the city of Yew York. On April 6th, 1906, the driver of the express company, in making his rounds, called at the factory of the plaintiffs and there received a case containing some eighty or more dozen pairs of gloves, which had been nailed up and addressed and was ready for delivery to him. The servant of the plaintiffs, who acted…
1Opinion of the Court
The opinion of the court was delivered by
Voorhees, J.
The stress of attack upon the judgment brought here by this writ of error is against the refusal of the trial court to direct the jury to render a verdict against the defendant for $51.33, the amount tendered to the plaintiff, representing the express charges paid by the plaintiff, and $50 the amount to which the defendant’s liability was limited by the terms of the written express receipt.
The plaintiffs resist this attack by saying that the receipt is not a contract, that it did not become such by its mere reception by them without their…
2Cited by4 opinions
- Schaff v. KramerSupreme Court of Oklahoma · 1925
- Harrison Granite Co. v. Grand Trunk Railway SystemMichigan Supreme Court · 1913
- Hill v. Adams Express Co.Supreme Court of New Jersey · 1910
- American Silk Dyeing v. Fuller's Express Co.Supreme Court of New Jersey · 1912