Sweet v. Barney
New York Court of Appeals
Appeal from the Supreme Court. Action against the defendants, an Express Company, as common carriers, to recover the amount of a package of money, received by the defendants directed to the “People’s Bank, 173 Canal street, New York.” The defendants had a verdict at the circuit, which was affirmed at the general term of the Supreme Court in the seventh district, and the plaintiffs appealed to this court.
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Appeal from the Supreme Court. Action against the defendants, an Express Company, as common carriers, to recover the amount of a package of money, received by the defendants directed to the “People’s Bank, 173 Canal street, New York.” The defendants had a verdict at the circuit, which was affirmed at the general term of the Supreme Court in the seventh district, and the plaintiffs appealed to this court. The proof showed these facts: The plaintiffs were bankers at Dansville, Livingston county. They kept an account with the People’s Bank, in which they were in the habit of making deposits and…
1Opinion of the CourtJames, J.
That these defendants were common carriers can hardly be doubted. Persons whose business it is to receive packages of bullion, coin, bank notes, commercial paper, and such other articles of value as parties see fit to trust to their care for the purpose of transporting the same from one place to another for a compensation, are common carriers, and responsible as such for the safe delivery of property intrusted to them. (Russell, v. Livingston, 19 Barb., 346; Sherman v. Wells, 28 Barb., 403.) Such was the business of these defendants, and such their responsibility.
The consignee is the…
2Cases cited2 opinions
- Russell v. LivingstonNew York Supreme Court · 1855
- Sherman v. WellsNew York Supreme Court · 1858
3Cited by3 opinions
- Tyler v. HeidornNew York Supreme Court · 1866
- Collins v. DelashmuttOregon Supreme Court · 1876
- People v. MancusiAppellate Division of the Supreme Court of the State of New York · 2018