Kolb v. Taylor
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, fifth district, for $849 and costs.
1Opinion of the CourtFinch, J.
The action is against an express company for the loss of a trunk. There is no dispute as to defendant being liable, and the only question is as to the amount. There is no dispute that the trunk and its contents were worth the amount for which judgment has been entered, but defendant contends that its liability was limited to $110 by the express receipt and filed tariffs.
The trunk was delivered to defendant’s agent at plaintiff’s home by an illiterate servant girl to whom the expressman delivered a receipt, stating that this shipment was made “ subject to the classifications and tariffs in…
2Cases cited4 opinions
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
- Gardiner v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1911
- In re the Judicial Settlement of the Account of Proceedings of WallaceAppellate Division of the Supreme Court of the State of New York · 1916
- Granbery v. TaylorAppellate Terms of the Supreme Court of New York · 1916
3Cited by1 opinion
- O. K. Display Fixture Co. v. American Railway Express Co.City of New York Municipal Court · 1923