American Express Co. v. Second National Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Grawford county: No. 48, to October and November Term 1871. This was an action on the case brought September 7th 1866, by the Second National Bank of Titusville against the American Express Company. The suit was to recover damages for the loss of part of a package of money sent by the defendants, addressed to Amos Funk, Lancaster, Penna.
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Error to the Court of Common Pleas of Grawford county: No. 48, to October and November Term 1871. This was an action on the case brought September 7th 1866, by the Second National Bank of Titusville against the American Express Company. The suit was to recover damages for the loss of part of a package of money sent by the defendants, addressed to Amos Funk, Lancaster, Penna. The defendants’ route was from Titusville to Corry; from Corry to Lancaster other express companies had the route. The package when started from Titusville on the 25th of May 1866, contained $1900. It reached Lancaster,…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1872, by
Sharswood, J.
A fundamental error runs through and infects the whole charge and the answers of the learned judge below to the points presented, which renders it unnecessary to discuss the assignments in detail. He instructed the jury more than once that the express company had agreed to carry or send the package in question safely to Lancaster and' deliver it to Mr. Funk, to whom it was directed. He entirely put aside, as of no validity, the special contract contained in the receipt, actually filled up.by the bank, and accepted by…
2Cited by7 opinions
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- Nemcof v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1909
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