Howatt v. Barrett
Appellate Division of the Supreme Court of the State of New York
.Appeal by the defendant,'William M. Barrett, as president, etc., from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 8th day of November, 1912, reversing a judgment of the Municipal Court of the city of New York in fávor of the defendant dismissing the complaint, and granting judgment in favor of the plaintiff.
1Opinion of the Court
Laughlin, J.:
This is an action by the consignor of goods against the express company for .breach of contract in failing to deliver the same to the consignee.
The goods were delivered to the express company in the city of New York on the 19th day of March, 1910, marked “ C. O. D. $44.50,” and addressed “ J. T. Saidy, 421 Thompson Ave., Excélsior Springs, Mo’,” and the company issued to the plaintiff á non-negotiable bill of lading therefor without requiring prepayment of the express charges. The point of destination w;as not on defendant’s line but on that of the Wells Fargo Express Company. It…
2Cases cited7 opinions
- Greenwald v. . BarrettNew York Court of Appeals · 1910
- Greenwald v. WeirAppellate Division of the Supreme Court of the State of New York · 1909
- Baltimore, Chesapeake & Atlantic Rwy. Co. v. SperberCourt of Appeals of Maryland · 1912
- Lord & Bushnell Co. v. Texas & New Orleans RailroadMissouri Court of Appeals · 1911
- Missouri, Kansas & Texas Railway Co. v. CarpenterCourt of Appeals of Texas · 1908
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3Cited by2 opinions
- Wien v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1915
- American Cotton Products Co. v. New York Central RailroadCity of New York Municipal Court · 1932