Massachusetts Supreme Judicial Court, 1912

Peirce v. American Express Co.

Massachusetts Supreme Judicial Court · Decided January 1, 1912 · Sheldon

210 Mass. 383; 96 N.E. 1026; 1912 Mass. LEXIS 977

Cases that cite this one

4 later published cases cite this decision.

Grice v. Oregon-Wash. R. & N. Co. (Or. 1915)
Holden v. Tilden-Thurber Corp. (Superior Court of Rhode Island 1918)
Boynton v. American Express Co. (Mass. 1915)
New England News Co. v. Metropolitan Steamship Co. (Mass. 1913)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Sheldon, J.

The plaintiff shipped his property by the defendant to the Fosdick Company and left it to that company to send it back to him without any special instructions or any special authority as to the contract which it should make. That authorized the Fosdick Company to make the usual shipping *387agreement with the defendant; and all the evidence is that it did so. Certainly there was no evidence to the contrary. Accordingly the plaintiff is bound by the terms of the agreement on which the defendant received and transported the property; there was no evidence on which the plaintiff could recover more than the sum named in that agreement; and there must be judgment on the verdict.

So ordered.

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