Barter v. Barrett
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fourth district, in favor of the plaintiff for the sum of $175 and costs, after a trial by a judge without a jury.
1Per curiam
This action was brought to recover the value of certain articles of wearing apparel that were in plaintiff’s trunk when she gave oyer the custody of it to the defendant express company for transportation from Far Rockaway to her home in Manhattan, and that were not in the trunk when it was delivered to her by the defendant several days later. The defendant relies, for its defense, wholly upon the special contract clause in the receipt for the trunk given by its employees, concededly not complied with or waived, requiring the shipper to commence suit upon any claim growing out of the…
2Cited by1 opinion
- Barter v. BarrettAppellate Division of the Supreme Court of the State of New York · 1919