Legal Opinion
Art Masters Associates, Ltd. v. United Parcel Service
New York Court of Appeals
Decided December 20, 1990PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Alexander, J.
In I.C.C. Metals v Municipal Warehouse Co. (50 NY2d 657), we held that in an action for conversion, where a warehouse fails to adequately explain its failure to return bailed goods, it *203is not entitled to the benefit of its contractual limitation of liability. Thus, conversion is presumed and the bailor is entitled to recover the full value of the undelivered goods without proving a conversion by the bailee.
In this case, the Appellate Division concluded that this presumption of conversion also applies to common motor carriers who fail to deliver bailed goods…
2Cases cited14 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Fink v. LefkowitzNew York Court of Appeals · 1979
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- I.C.C. Metals, Inc. v. Municipal Warehouse Co.New York Court of Appeals · 1980
- American Railway Express Co. v. LeveeSupreme Court of the United States · 1923
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Newcomb v. Middle Country Central School DistrictNew York Court of Appeals · 2016
- Global Reinsurance Corp. of Am. v. Century Indem. Co.Court for the Trial of Impeachments and Correction of Errors · 2017
- Robinson Motor Xpress, Inc. v. HSBC Bank, USAAppellate Division of the Supreme Court of the State of New York · 2006
- New York Marine & General Insurance v. S/S "Ming Prosperity"District Court, S.D. New York · 1996
- Schultz v. AuldDistrict Court, D. Idaho · 1993
12 more not listed; retrieve them via the Exa API.