Allen v. Wells, Fargo & Co.

The defendant deviated from the contract, when transferring the table to another carrier at Dey street, instead of delivering the article at One Hundred and Twenty-fifth street, where it had an office and to which point its route extended. Thus, the defense was not established, and the plaintiff’s evidence of damage is found to support the recovery, to the extent of five dollars — the amount awarded. There was no irregularity in the taxation of costs, in that more than five days had elapsed from the date when judgment was rendered. The insertion of costs was not an amendment of the judgment,…