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SILVER CREATIONS, LTD. v. UNITED PARCEL SERV.

133 N.J. Super. 543 (1975)

337 A.2d 641

SILVER CREATIONS, LTD., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF, v. UNITED PARCEL SERVICE, A CORPORATION AUTHORIZED TO DO BUSINESS IN NEW JERSEY, DEFENDANT.

Superior Court of New Jersey, Law Division.

April 17, 1975.

Attorney(s) appearing for the Case

Messrs. Sovel & Gruber, attorneys for plaintiff (Mr. Charles Sovel on the brief).

Messrs. Crummy, Del Deo, Dolan & Purcell, attorneys for defendant (Mr. David J. Sheehan on the brief).

DALTON, J.S.C.

This is an action initiated by a shipper, Silver Creations, Ltd., against United Parcel Service (UPS), a carrier for hire. The issues are whether the form of payment collected by defendant UPS upon delivery of plaintiff's goods to its consignee, Gotham Sales, was in conformity with the type of payment which it was authorized to receive and whether, by accepting the payment tendered, plaintiff waived any and all claims for breach against the carrier...

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