Gilman v. Postal Telegraph Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in favor of the defendant rendered in the Municipal Court of the city of Hew York, eighth district, borough of Manhattan.
1Opinion of the CourtScott, J.
In this action the plaintiff seeks to hold the defendant liable as a common carrier for the loss of a sum of money intrusted to a messenger boy in defendant’s employ. The plaintiff relies in the main upon Sanford v. American Dist. Tel. Co., 13 Misc. Rep. 88. In that case, although judgment went for the defendant on the ground of a variance between the pleadings and the proof, the learned justice who wrote for the court expressed the opinion that, in a proper form of action and under the facts as they were proven, the defendant would have been held liable as a common carrier; and this view of…
2Cases cited5 opinions
- Humphreys v. PerrySupreme Court of the United States · 1893
- Sewall v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1830
- Richards v. WestcottThe Superior Court of New York City · 1858
- Hayes v. Wells, Fargo & Co.California Supreme Court · 1863
- Sanford v. American District Tel. Co.New York Court of Common Pleas · 1895
3Cited by1 opinion
- Portland v. Western Union Telegraph Co.Oregon Supreme Court · 1915