Thompson v. . Fargo
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant entered upon the report of a referee. This action was brought against defendant, as treasurer of the American Express Company, a joint stock company, to recover the amount of a package of United States treasury notes alleged to have been delivered to said company for transportation.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant entered upon the report of a referee. This action was brought against defendant, as treasurer of the American Express Company, a joint stock company, to recover the amount of a package of United States treasury notes alleged to have been delivered to said company for transportation. The case upon a former appeal is reported in 49 ¡New York, 188. The facts, as found by the referee, were substantially as follows : That plaintiff having received by mail from…
1Opinion of the CourtRapallo, J.
We do not think that this case, as now presented varies materially from what it was when before us on a former occasion. (45 N. Y., 188). This court then decided that after the plaintiff, who was simply an agent, had, in pursuance of the orders of his principals, sent the money in question to them by a suitable and proper conveyance, his duties and liabilities were discharged; that the money when delivered to the carrier became the property of the consignees, and from that time the plaintiff ceased to have any title to, or interest in it, which would enable him to maintain an action therefor.
T…
2Cases cited1 opinion
- Burnell v. . the New York Central R.R. Co.New York Court of Appeals · 1871
3Cited by1 opinion
- Nathan v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909