Merwin v. Butler
Supreme Court of Connecticut
Tiiis was an action of assumpsit against the defendant, as a common carrier, for a breach of his undertaking, in that capacity, to convey a package of money belonging to the plaintiff, from Sherman in this state to Poughkeepsie in the. state of New-York, and to deliver it to the Farmers and Manufacturers' Bank in that village.
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Tiiis was an action of assumpsit against the defendant, as a common carrier, for a breach of his undertaking, in that capacity, to convey a package of money belonging to the plaintiff, from Sherman in this state to Poughkeepsie in the. state of New-York, and to deliver it to the Farmers and Manufacturers' Bank in that village. The cause was tried, on the general issue, at Litchfield, August term, 1844, before Williams, Ch. J. The plaintiff claimed to have proved, that the defendant was a common carrier of goods, packages and moneys, on the road leading from New-Milford to Poughkeepsie ; and…
1Opinion of the CourtHijoiax, J.
From the facts stated in the motion, in con-nexion with the charge of the court, and the finding of the jury, it must be assumed, that the package of money in controversy, was delivered to and received by the defendant, as a common carrier, to carry and deliver to the cashier of the bank at Poughkeepsie ; and that there was no special contract between the parties, limiting the responsibility of the defendant, as such common carrier. The only question then, is, whether the defendant is excused from the performance of his contract to deliver the money to the bank, because he went there twice,…
2Cited by2 opinions
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