Cappel v. Weir
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, fourth district, borough of Manhattan, in favor of the plaintiff.
1Opinion of the CourtGiegerich, J.
The plaintiff recovered a judgment for $125 and costs for the failure of the defendant, as president of a joint-stock association express company, to deliver a box of goods sent from Philadelphia, Penn., to New York city.
Two questions are presented for decision. First, was there error in excluding evidence as to the address upon the box; and second, was there error in refusing to limit the amount of the recovery to fifty dollars. ■
The receipt given by the express company to the person who shipped the goods states, among other things, that they were marked “ Heyman 108 E. 11th St. New York.”…
2Cases cited5 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Dyke v. Erie Railway Co.New York Court of Appeals · 1871
- Babcock v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1872
- Grand v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1896
- China Mutual Insurance v. ForceNew York Court of Appeals · 1894
3Cited by2 opinions
- Barnes v. Long Island RailroadNew York Supreme Court · 1905
- Fish v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1913