Fahy v. Fargo
New York Supreme Court
Appeal from judgment on report of referee. Action by John Fahy and another against James Fargo, as president of the American Express Company, for failure to return a draft promptly which was intrusted to defendant for collection. Judgment on the report of a referee awarding plaintiffs nominal damages. Plaintiffs appeal.
1Opinion of the CourtMacomber, J.
This action is brought to recover damages for the negligence of the defendant in failing to return promptly a draft intrusted to it for collection of Seaver & Hall, debtors of the plaintiffs, doing business at Byron, N. Y. On the 15th day of November, 1886, the firm of Seaver & Hall were indebted to the plaintiffs in the sum of $187.36 for goods sold by the plaintiffs to that firm. On the 15th day of November in that year the plaintiffs delivered to the defendant a draft in the usual form, requesting the defendant to present the same to Seaver & Hall, and collect it, with instructions in…
Also in this document: Concurrence.
2Cases cited1 opinion
- Lienan v. DinsmoreNew York Court of Common Pleas · 1871
3Cited by2 opinions
- Joseph Mogul, Inc. v. C. Lewis Lavine, Inc.New York Court of Appeals · 1928
- Dern v. KelloggNebraska Supreme Court · 1898