Hosea v. McCrory
Supreme Court of Alabama
Writ of Error from the Circuit Court of Mobile. Action on the c'ase, by McCrory, against Hosea. Several of the counts are against the defendant as common carrier, .and alledge the delivery to him by the plaintiff of a letter ■containing f 183 15, to be safely carried from Mobile to Pick-ensville. In other counts, the money is charged to have been deposited with the defendant, to be re-delivered to the plaintiff on request, as well as to be kept with due and proper care.
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Writ of Error from the Circuit Court of Mobile. Action on the c'ase, by McCrory, against Hosea. Several of the counts are against the defendant as common carrier, .and alledge the delivery to him by the plaintiff of a letter ■containing f 183 15, to be safely carried from Mobile to Pick-ensville. In other counts, the money is charged to have been deposited with the defendant, to be re-delivered to the plaintiff on request, as well as to be kept with due and proper care. At the trial, on the general issue, the deposition of a witness was read, stating he was the clerk to the house which…
1Opinion of the CourtGoldthwaite, J.
1. As this case can be decided without the examination of the question, whether a contract to carry a cash letter between two places, at each of which there is a post office, is invalid, as trenching on the post office regulations, we shall not consider it. Assuming, as the court below seems to have assumed, that such a contract has no validity, this furnishes no excuse for a refusal or neglect to deliver the letter when demanded, or for its loss, when the proper care for its preservation is wanting. The different counts of the declaration vary the statement of the cause of action, so as to…
2Cases cited3 opinions
- Sewall v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1830
- Citizens' Bank v. Nantucket Steamboat Co.U.S. Circuit Court for the District of Massachusetts · 1811
- Taylor v. WellsSupreme Court of Pennsylvania · 1834
3Cited by5 opinions
- Alabama Great Southern R. Co. v. HerringSupreme Court of Alabama · 1937
- Garey v. Meagher & Co.Supreme Court of Alabama · 1859
- The Edwin v. Naumkeag Steam Cotton Co.U.S. Circuit Court for the District of Massachusetts · 1859
- West Coast Naval Stores Co. v. Louisville & N. R.Court of Appeals for the Fifth Circuit · 1903
- Chattanooga Bakery Co. v. S. Hamilton Co.Alabama Court of Appeals · 1930