ELGART & SONS v. PEOPLES EXPRESS CO.


11 Misc.2d 499 (1958)

A. Elgart & Sons, Inc., Appellant, v. Peoples Express Co., Inc., Respondent.

Supreme Court, Appellate Term, First Department.

January 30, 1958.


Attorney(s) appearing for the Case

Joseph Fennelly, Jr., and Robert J. Lawton for appellant.

Morton E. Kiel for respondent.

HECHT, J. P., AURELIO and TILZER, JJ., concur.


Per Curiam.

The plaintiff shipper declared a released value of the property of $50. Such released value, however, could only apply to that property concerning which the defendant carrier had been authorized to establish and maintain rates dependent upon value. The defendant did not petition for and the order of the Interstate Commerce Commission did not authorize it to establish and maintain rates for clothing made...

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