Prior to his transfer, Towner requested his property, packed in six draft bags, be insured and shipped by mail. To cover the cost of $43.63, Towner completed a “Disbursement or Refund Request” that stated “mail out six bags, wants property insured.”
His mailing agreement was not fulfilled. The property was packed in four boxes, and missing were a pair of brown boots, a pair of black boots, a green storage bin, and four or five years of legal work, court documents, and transcripts.
The court found the defendant failed in its duty to return the property Towner delivered to it. It awarded fair market value of the property, applying a reasonable rate to depreciation. Thus, it awarded Towner $43.00 for the brown boots, $20.00 for the black boots, and $10.00 for the storage bin. Absent testimony on the particular legal items lost, the Court awarded $200.00 plus the cost of the disbursement by mail all of the property. The court entered judgment with an award of interest from the date of the loss. See: Towner v. New York, New York Court of Claims, Syracuse, #2010-009-101, claim no. 111210.
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Related legal case
Towner v. New York
|Cite||New York Court of Claims, Syracuse, #2010-009-101, claim no. 111210|
|Level||Court of Claims|