Moody v. Keener
Supreme Court of Alabama
Error to the Circuit court of Tuskaloosa county. Case against a bailee for non-delivery of a letter containing bank notes.
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Error to the Circuit court of Tuskaloosa county. Case against a bailee for non-delivery of a letter containing bank notes. The declaration, in this case, contained five counts, as follow: The first charged, that the defendant, at the time of the receipt of a certain letter below mentioned, was post master at Tuskaloosa, and that plaintiff deposited at the post office at Louisville, Alabama, for the purpose of having the same conveyed to Tuskaloosa, and delivered to one Charles Lewen, plaintiff’s agent at Tuskaloosa, a certain sealed packet or letter, to be carried in the mail, with a suitable…
1Opinion of the CourtGoldthwaite, J.
— In the examination of this case, we shall consider the several questions, in the order in which they have been presented by the argument of counsel; and
1. As to the sufficiency of the several counts of the declaration—
It is insisted that each count is bad, because there is no averment of the establishment of post offices at either Louisville or Tuskaloosa — nor of a post route, between these places — nor of the appointment of a post master at *228Louisville. If the defendant is not liable for the neglect complained of, unless there were post offices established at these places, a post route…
2Cases cited5 opinions
- Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
- Fairfax's v. FairfaxSupreme Court of the United States · 1809
- Potter v. LutherNew York Supreme Court · 1808
- Stearns v. BarrettU.S. Circuit Court for the District of Massachusetts · 1816
- Reed v. GilletNew York Supreme Court · 1815
3Cited by18 opinions
- Greene County Bd. of Educ. v. BaileySupreme Court of Alabama · 1991
- Lewis v. FowlerSupreme Court of Alabama · 1985
- Howton v. MathiasSupreme Court of Alabama · 1916
- Mudge v. TreatSupreme Court of Alabama · 1876
- Kirkland v. PilcherSupreme Court of Alabama · 1911
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