LEVINE & CO. v. WOLF'S PACKAGE DEPOT


29 Misc.2d 1085 (1955)

Dave Levine & Co., Inc., Plaintiff, v. Wolf's Package Depot, Inc., et al., Defendants.

Supreme Court, Trial Term, New York County.

Supplemental opinion March 10, 1955.


Attorney(s) appearing for the Case

Greenhill & Greenhill (Simon Greenhill of counsel), for plaintiff. George I. Janow for defendants.


SAUL S. STREIT, J.

This is an action by a manufacturer against a local motor carrier and its insurer for loss in transit of five intracity shipments of men's clothing valued at $7,524.30. The defendant carrier has affirmatively pleaded that its liability was limited by contract to $50, or 50 cents per pound actual weight of the shipment over 100 pounds. The insurer disputes the plaintiff's right to sue on the...

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