Hardy v. American Express Co.
Massachusetts Supreme Judicial Court
Contract against an express company for money paid to it by the plaintiffs for goods shipped from France C. O. D. Writ dated July 1,1899. In the Superior Court Hopkins, J. ordered a verdict for the defendant on the count for money had and received, on which the plaintiffs elected to stand. The plaintiffs alleged exceptions, which after the death of Hopkins, J. were allowed by Richardson, J.
1Opinion of the CourtHolmes, C. J.
This is an action for money had and received to recover a sum paid to the defendant for fifty sets of Balzac’s works and charges on the same, sent to the plaintiffs by Caiman, Levy and Company, from Paris. The goods were to be delivered to the plaintiffs at Boston by the defendant carrier, “ C. O. D.,” that is to say, on the plaintiffs’ paying for the goods and charges. The goods arrived in Boston, and the defendant was notified by the Cunard Company on November 28,1898, that they showed signs of wet damage. The next day the defendant’s agent, knowing of this notice but. saying nothing about…
2Cases cited10 opinions
- Hooper v. RobinsonSupreme Court of the United States · 1879
- State v. O'NeilSupreme Court of Vermont · 1885
- Moore v. ShieldsIndiana Supreme Court · 1889
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1887
- Morse v. BrackettMassachusetts Supreme Judicial Court · 1867
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3Cited by3 opinions
- Rogers v. BrummettSupreme Court of Oklahoma · 1923
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