Legal Opinion

Faultless Clothing Co. v. Branch Storage Co.

City of New York Municipal Court

Decided November 17, 1937PublishedCited by 2 opinions

1Opinion of the CourtKeller, J.

This is an action to recover for the loss of merchandise owned by the plaintiff and delivered to the defendant carrier in New York for shipment to Baltimore. Subsequently the defendant’s truck was hijacked in transit, resulting in a total loss of the shipment.

The facts are undisputed, and the only question to be resolved by the court is the extent of the carrier’s liability. The plaintiff seeks to hold the carrier to the full extent of the proven value of the goods, and the defendant, as a partial defense, relies on a limited liability clause contained in the special contract of the shipping…

2Cases cited4 opinions

  1. Kilthau v. International Mercantile Marine Co.New York Court of Appeals · 1927
  2. Boyle v. . Bush Terminal R.R. Co.New York Court of Appeals · 1914
  3. Chenango Textile Corp. v. WillockAppellate Division of the Supreme Court of the State of New York · 1936
  4. Achille Starace & Co. v. Raporel S. S. Line, Inc.Appellate Terms of the Supreme Court of New York · 1921

3Cited by2 opinions

  1. Colgin v. Security Storage & Van Co.Supreme Court of Louisiana · 1945
  2. Colgin v. Security Storage & Van Co.Supreme Court of Louisiana · 1945

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