19 A.D. 183
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1897
Appellate Division of the Supreme Court of the State of New York · decided 1897-06-15
Appeal by the defendant, Levi C. Weir, as president of The Adams Express Company, by permission, from a judgment of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in'the office of the clerk of the county of New York on the 3d day of March, 1897, up'on the decision of the court,, rendered upon appeal, affirming a judgment of the District Court of the city of New York.
Decided 1897-06-15
¶1I concur in result, for the reason that this is not a proper case in Ávhich to alloAV the carrier on a trial of the action to tender the ■ goods to the plaintiff, and thus reduce her claim to one for nominal damages only. The ordinary rule in cases of conversion' should be applied here under the special facts of the case.
¶2Judgment affirmed, with costs.