121 N.Y.S. 327 | N.Y. App. Term. | 1910
Defendant is president of an unincorporated association operating a fast freight line. Plaintiff shipped two cases marked “ millinery goods,” valued by them
The judgment should he reversed and a new trial ordered, with costs to appellant to abide the event, unless the plaintiff stipulate to reduce the judgment to the sum of ten dollars and costs in the court below, in which event the judgment, as so modified, is affirmed, without costs to either party on this appeal.
Present: Seabury, Guy and Whitney, JJ.
Judgment reversed and new trial ordered, with costs to appellant to abide event, unless plaintiff stipulate to reduce judgment to ten dollars and costs, in which event judgment as so modified, is affirmed, without costs to either party on this appeal.