Legal Opinion
Joseph Mogul, Inc. v. C. Lewis Lavine, Inc.
New York Court of Appeals
Decided January 10, 1928PublishedCited by 37 opinions
1Opinion of the Court
Cardozo, Ch. J.
Plaintiff in Philadelphia delivered to defendant, a common carrier, a case of goods to be delivered to a buyer in New York. The merchandise was shipped C. O. D., and $3,524.41 was stated to be the amount to be collected. Defendant failed to exact cash upon the delivery of the goods, but accepted, instead, the consignee’s check to the order of the consignor. The check appeared to be certified. In fact the certification was a forgery, and the check worthless. The plaintiff sues for the price on the theory that the carrier, by the acceptance of a check as a substitute for cash,…
2Cases cited16 opinions
- Federal Reserve Bank of Richmond v. MalloySupreme Court of the United States · 1924
- PRESIDENT AND DIRECTORS OF THE BANK OF WASHINGTON v. Triplett & NealeSupreme Court of the United States · 1828
- National Trust Co. v. . GleasonNew York Court of Appeals · 1879
- First National Bank v. Fourth National BankNew York Court of Appeals · 1879
- S. & M. Allen v. Suydam & BoydNew York Supreme Court · 1838
11 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Cermetek, Inc., a Corporation v. Butler Avpak, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1978
- Norwood Morris Plan Co. v. McCarthyMassachusetts Supreme Judicial Court · 1936
- National Diamond Syndicate, Inc., Cross-Appellant v. United Parcel Service, Inc., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1990
- American Airlines, Inc. v. Swest, Inc.Texas Supreme Court · 1986
- Bond Rubber Corporation v. Oates Bros., Inc.Supreme Court of Connecticut · 1949
32 more not listed; retrieve them via the Exa API.