GRACE & CO. v. RY. EXPRESS AGENCY


8 N.Y.2d 103 (1960)

W. R. Grace & Co., Respondent, v. Railway Express Agency, Inc., Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1960.


Attorney(s) appearing for the Case

James V. Lione for appellant.

Emmet L. Holbrook and Joseph Haskell for respondent.

Judges FULD, FROESSEL, BURKE and FOSTER concur with Chief Judge DESMOND; Judge DYE dissents in an opinion in which Judge VAN VOORHIS concurs in a separate memorandum.


Chief Judge DESMOND.

The suit is against Railway Express Agency, Inc., for the value of a quantity of platinum which disappeared after being entrusted to the Express Agency for interstate transportation. Plaintiff's recovery was limited by the trial court to $50 because plaintiff's agent had declared a $50 value to defendant at the time of shipment and had not paid the much higher express rate that would have...

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