Widgeon v. Southern Express Co.
Supreme Court of Georgia
Certiorari. Before Judge Felton. Bibb superior court. . June 8, 1903. Essie B. Widgeon sued the express company in a justice’s court for $38, alleging that it received from her, for shipment, a trunk, with direction to collect a bill for that amount on the delivery of the trunk, and that it delivered the trunk but failed to collect the money.
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Certiorari. Before Judge Felton. Bibb superior court. . June 8, 1903. Essie B. Widgeon sued the express company in a justice’s court for $38, alleging that it received from her, for shipment, a trunk, with direction to collect a bill for that amount on the delivery of the trunk, and that it delivered the trunk but failed to collect the money. The defendant filed a general denial; and a plea that the bill was for an immoral and illegal consideration, and that the defendant could not be used as the means to collect it. The case was tried before a jury, who rendered a verdict against the…
1Opinion of the CourtCandler, J.
Under no view of this ease could there he a recovery against the defendant company ; and therefore the judge of the superior court did not err in sustaining the certiorari and rendering final judgment in its favor.
Judgment affirmed.
All the Justices concur. Cited by counsel, as to immoral consideration : American Express Company v. Epply, 5 Ohio Dec. 337; Herrick v. Gallagher, 60 Barb. 566; 20 Ga. 449; 112 Ga. 850. Want of interest by plaintiff: 73 Ga. 472. Effect of the express company’s receipt: Hutch. Car. (2d ed.) §§ 240-1-3, 265; 104 Ala. 387, s. c. 16 So. 62; 94 Ga. 22; 77 N Y. 90, s. c.…
2Cases cited6 opinions
- Ralston v. BoadySupreme Court of Georgia · 1856
- Lockhart v. Western & Atlantic RailroadSupreme Court of Georgia · 1885
- Herrick v. GallagherNew York Supreme Court · 1871
- Postelle v. RiversSupreme Court of Georgia · 1901
- Bedell v. Richmond & Danville R. R.Supreme Court of Georgia · 1894
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