From Casetext: Smarter Legal Research

Magid v. Compagnie Generale Transatlantique

Appellate Division of the Supreme Court of New York, First Department
Nov 27, 1931
233 App. Div. 515 (N.Y. App. Div. 1931)

Opinion

November 27, 1931.

Appeal from Supreme Court of New York County.

Frank I. Finkler of counsel [ Jesse H. Finkler with him on the brief; Finkler Finkler, attorneys], for the appellants.

Edward J Garity of counsel [ Joseph P. Nolan with him on the brief, attorney], for the respondent.


We think that the plaintiffs should have had judgment for the market value of the shipment at New York for failure of delivery here. The limitation of liability in clause 11 of the bill of lading does not give the shipper a "choice of rates" under the ruling in Straus Co. v. Canadian Pac. R. ( 254 N.Y. 407). Declaring a larger value than the limited sum would give no more right to damage for market value than negligence in shipment would bring in any event. Hence there is no consideration for the promise to take less under the limitation.

The judgment should be reversed, with costs, and judgment directed for plaintiffs for the market value as stipulated, with costs.

FINCH, P.J., MERRELL, MARTIN and SHERMAN, JJ., concur.

Judgment reversed, with costs, and judgment directed for plaintiffs for the market value as stipulated, with costs.


Summaries of

Magid v. Compagnie Generale Transatlantique

Appellate Division of the Supreme Court of New York, First Department
Nov 27, 1931
233 App. Div. 515 (N.Y. App. Div. 1931)
Case details for

Magid v. Compagnie Generale Transatlantique

Case Details

Full title:ANNA I. MAGID and Others, Copartners Doing Business under the Firm Name of…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 27, 1931

Citations

233 App. Div. 515 (N.Y. App. Div. 1931)
254 N.Y.S. 1

Citing Cases

Chenango Textile Corporation v. Willock

The right of a carrier to limit its common-law liability for loss of property transported by special contract…