Nebenzahl v. Fargo
New York Court of Common Pleas
Appeal from Minth district court. Action by Isaac Mebenzahl against James C. Fargo, as president of the American Express Company, for damages for the loss of a certain package of goods delivered by plaintiff to the company at the city of New York, addressed to Mrs. C. P. Frankel, Saugerties, M. Y., for carriage and delivery as addressed.
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Appeal from Minth district court. Action by Isaac Mebenzahl against James C. Fargo, as president of the American Express Company, for damages for the loss of a certain package of goods delivered by plaintiff to the company at the city of New York, addressed to Mrs. C. P. Frankel, Saugerties, M. Y., for carriage and delivery as addressed. Mrs. Frankel testifies that she never ordered the goods, never received them, or knew of their delivery, and that she never gave.authority to any person to order or receive them for her. The defendant’s driver, who had been in its employ but four days, and…
1Per curiam
The plaintiff delivered to the defendants, an express company, a package addressed to Mrs. C. P. Frankel, Saugerties, H. Y., which they agreed to carry and safely deliver to her. The package was tendered by the defendants to Mrs. Frankel at her place of business, in Saugerties, and she refused to receive the same, or pay the expressage thereon, on the ground that she had not authorized the purchase of it. Afterwards a daughter of Mrs. Frankel went to defendant’s office at Saugerties, and directed that the package be sent to her mother’s place of business, but it is not shown that this was…
2Cases cited2 opinions
- Price v. . Oswego and Syracuse R.R. Co.New York Court of Appeals · 1872
- Witbeck v. . HollandNew York Court of Appeals · 1871
3Cited by1 opinion
- Herschenhart v. MehlmanAppellate Terms of the Supreme Court of New York · 1925