LA PRIMADORA CIGAR CORP. v. WOLF DELIVERY SERV.


28 Misc.2d 586 (1960)

La Primadora Cigar Corporation, Respondent, v. Wolf Delivery Service, Inc., Appellant, et al., Defendant.

Supreme Court, Appellate Term, First Department.

December 8, 1960


Attorney(s) appearing for the Case

Edward F. Sweeney and Max J. Gwertzman for appellant. Joseph Haskell and Emmet L. Holbrook for respondent.

Concur — HECHT, J. P., STEUER and TILZER, JJ.


Per Curiam.

The plaintiff possessed and used for five or six years manifest sheets containing a $50 limitation of liability unless a greater valuation is declared and providing for a charge of 10 cents for each hundred dollars of declared value. The limitation is valid and enforcible since the shipper was afforded a choice of rates and had ample opportunity to obtain knowledge of the contents of these sheets and to...

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