Appellate Terms of the Supreme Court of New York, 1901

Reed v. Erie Railroad

Reed v. Erie Railroad
Appellate Terms of the Supreme Court of New York · Decided June 15, 1901
35 Misc. 813; 72 N.Y.S. 1124

Counsel

R. R. Reed, for appellant., Stetson, Jennings & Russell, for respondent.

Reed v. Erie Railroad

Opinion of the Court

Per Curiam.

The contract of transportation Between the plaintiff and defendant was fully performed by the latter, when the plaintiff’s trunk reached its destination and he advised of its arrival, whereupon he voluntarily surrendered his check to the station agent. Whatever may have been done thereafter in the way of procuring an expressman, by the agent, was for the plaintiff’s convenience, and in no way imposed any liability upon the defendant.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment affirmed, with costs.

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