Legal Opinion
Domani Jewelers, Inc. v. United Parcel Service
New York Supreme Court
Decided May 8, 1990PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
The motion by defendant for summary judgment is granted, and the clerk shall enter judgment dismissing the complaint.
The tariff filed by defendant with the Interstate Commerce Commission provides that it may accept a cashier’s check where the shipper has indicated "cash only” and that the risk of nonpayment and forgery is on the shipper. Since the shipper is bound by the terms of the filed tariff, even without knowledge or notice of the terms thereof, defendant is not liable to plaintiff when it developed that the cashier’s check, which appeared valid…
2Cases cited5 opinions
- Rathbun v. . Citizens' Steamboat Co.New York Court of Appeals · 1879
- Jackson & Perkins Co. v. Mushroom Transportation Co.Supreme Court of Pennsylvania · 1945
- Compuknit Industries, Inc. v. Mercury Motors Express, Inc.Civil Court of the City of New York · 1972
- Joseph Mogul, Inc. v. C. Lewis Lavine, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- Norca Corp. v. Pilot Freight Carriers, Inc.Civil Court of the City of New York · 1970
3Cited by3 opinions
- Great American Insurance Agency v. United Parcel ServiceNew York Supreme Court · 2004
- Leather Facts, Inc. v. FoyCivil Court of the City of New York · 1993
- Great Am. Ins. Agency v. United Parcel Serv.New York Supreme Court, New York County · 2004