Dave Levine & Co. v. Wole's Package Depot, Inc.
New York Supreme Court
1Opinion of the CourtSaul S. Street, J.
This is an action by a manufacturer against a local motor carrier and its insurer for loss in transit of five intracity shipments of men’s clothing valued at $7,524.30. The defendant carrier has affirmatively pleaded that its liability was limited by contract to $50, or 50 cents per pound actual weight of the shipment over 100 pounds. The insurer disputes the plaintiff’s right to sue on the policy issued to the carrier.
It appears that the carrier commenced doing business with the plaintiff some time in 1949, as a result of a telephone call from a Mr. Pearl, the plaintiff’s general manager. In…
2Cases cited14 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Union Pacific Railroad v. BurkeSupreme Court of the United States · 1921
- D'Utassy v. . BarrettNew York Court of Appeals · 1916
- Howard v. Handler Bros. & Winell, Inc.Appellate Division of the Supreme Court of the State of New York · 1951
- Howard v. Handler Bros. & Winell, Inc.New York Court of Appeals · 1952
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3Cited by7 opinions
- People v. LynesNew York Court of Appeals · 1980
- United States v. AloiDistrict Court, E.D. New York · 1977
- Jefferson v. Sinclair Refining Co.Appellate Division of the Supreme Court of the State of New York · 1961
- Joseph v. McGinnisDistrict Court, S.D. New York · 1999
- City of New York v. Camp Construction Co.New York Supreme Court · 1966
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