Mitchell v. Weir
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Levi C. Weir, as president of The Adams Express Company, by permission, from a judgment of the Appellate Term of the Supreme Court "in favor of the plaintiff, entered in'the office of the clerk of the county of New York on the 3d day of March, 1897, up'on the decision of the court,, rendered upon appeal, affirming a judgment of the District Court of the city of New York.
1Opinion of the Court
Ingraham, J. :
The only question involved in the determination of this appeal is that of the measure of damages. The defendant, a common carrier, received from the plaintiff a bicycle,, which it undertook to deliver to her at Sussex, in the Province of New Brunswick, Dominion of Canada, at the same time taking from her what was called an invoice, which was a statement as- to the value of the bicycle, signed by the plaintiff, and which was required to import this bicycle into the Dominion of Canada. The bicycle was never delivered to the plaintiff at Sussex. No tender of it was ever made to her…
2Cited by3 opinions
- King v. SherwoodAppellate Division of the Supreme Court of the State of New York · 1897
- Jessup v. PlattAppellate Terms of the Supreme Court of New York · 1912
- Jessup v. PlattAppellate Terms of the Supreme Court of New York · 1912