G.O.V. JEWELRY, INC. v. UNITED PARCEL SERV.


181 A.D.2d 517 (1992)

G.O.V. Jewelry, Inc., Respondent, v. United Parcel Service, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 17, 1992


On June 13, 1988 plaintiff, a jewelry wholesaler, engaged defendant to ship an order of jewelry worth over $32,000 to P & D Jewelry in St. Louis, Missouri. Since plaintiff had never done business with this customer before, it marked its C.O.D. delivery instructions "Cash Only" by checking a box so marked on the shipping tag. Upon delivery, defendant's employee accepted what purported to be a cashier's check, but which was later discovered to be a forgery.

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