Rowan v. Wells, Fargo & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Wells, Fargo & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 15th day of Hay, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of Hay, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
On the 20th of November, 1894, the plaintiff delivered to the defendant, an express company, for transportation from New York *32to San Francisco, a package containing twelve ounces of gold foil of the value of $300. The package was sealed and its contents asked by, but not given to, the defendant. The charge paid for transportation was $1.15, for which a receipt was given, which contained a provision to the effect that the defendant undertook to forward the package upon certain conditions — one of which was that it should “ not be held liable * * * for any loss or damage by fire…
2Cases cited7 opinions
- Stewart v. . StoneNew York Court of Appeals · 1891
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
- Magnin v. . DinsmoreNew York Court of Appeals · 1875
- Whitworth v. . Erie Railway CompanyNew York Court of Appeals · 1882
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3Cited by3 opinions
- Bernstein v. WeirAppellate Terms of the Supreme Court of New York · 1903
- Burke v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Hirsch v. New York Dispatch & Delivery Co.Appellate Terms of the Supreme Court of New York · 1903