Barter v. Barrett
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary J. Barter, from a judgment of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of February, 1917, reversing a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Fourth District, and directing a dismissal of the complaint.
1Opinion of the Court
Smith, J.:
The action is brought to recover for clothes lost from a trunk which was expressed by the defendant company from a hotel at Far Rockaway to the plaintiff’s residence in the city of New York. The sole question here for determination ' arises upon' the limitation contained in the receipt given at the time that the trunk was taken, which limited the right of the shipper to recover for lost goods to an action to be brought within one year from the date of the loss.
The plaintiff went to the office of the defendant at Far Rockaway and directed defendant to call for her trunk at the…
2Cases cited5 opinions
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Mills v. WeirAppellate Division of the Supreme Court of the State of New York · 1903
- Knapp v. Wells, Fargo & Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Cohen v. Morris European & American Express Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Barter v. BarrettAppellate Terms of the Supreme Court of New York · 1917