David W. Biow Co. v. Cohen

I regret exceedingly that I am unable to concur with the result reached by my Associates. The court below says that “under these facts and circumstances, the question before the court was whether or not the delivery of the goods by the defendant to the Express Company was a delivery to the plaintiff.” This is a finding of facts, and it held as a matter of law that “the delivery of the goods directed to the plaintiff as hereinbefore stated, to the express company and the taking of said receipt was not a delivery to the plaintiff.” The sole reason why it was not a “delivery to the plaintiff” in…