Drury v. White
Supreme Court of Missouri
APPEAL from Montgomery Circuit Court. 1st. Drury and Wiseman as Post Masters are only bound for ordinary care and diligence, and rare not bound for tile same degree df care that is required of common carriers. They as Post 'Masters are not insurers of property as common carriers are. .Story on Bailment, sections 461— 2 — 3. 2nd.
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APPEAL from Montgomery Circuit Court. 1st. Drury and Wiseman as Post Masters are only bound for ordinary care and diligence, and rare not bound for tile same degree df care that is required of common carriers. They as Post 'Masters are not insurers of property as common carriers are. .Story on Bailment, sections 461— 2 — 3. 2nd. Benjamin White, by his-agent Joseph C. White, Vfas guiliy of a gross fraud in putting a five-fold letter in the Post Office, with two hundred dollars, carefuEy folded and pressed to give it the appearance of a single letter, and concealing the fact that it contained…
1Opinion of the CourtNapton, J.
This was an action on the case brought by Benjamin White against Charles J. Drury, Post Master, and Joseph P. Wiseman, his deputy, to recover two hundred dollars, alleged to have been sent by mail to the-plaintiff, and to have been lost through the carelessness and negligence of defendants. The third count of the declaration was in trover. The plea was not guilty, A trial was had in the Circuit Court of Montgomery County, aud the verdict was for'the plaintiff; a motion to set the verdict aside was overruled, and an appeal was taken to this Court.
It appeared from the testimony given on the…
2Cited by2 opinions
- Wilson v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1907
- Estes v. FryMissouri Court of Appeals · 1886