Ela v. American Merchants' Union Express Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Hacine County. Action to recover damages from tbe Express Company for tbe alleged non-delivery of a package of seven hundred dollars in currency, wbicb bad been delivered to that company by tbe "Western Union Railroad Company, to be transported to Burlington, Wisconsin, for tbe plaintiff.
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APPEAL from tbe Circuit Court for Hacine County. Action to recover damages from tbe Express Company for tbe alleged non-delivery of a package of seven hundred dollars in currency, wbicb bad been delivered to that company by tbe "Western Union Railroad Company, to be transported to Burlington, Wisconsin, for tbe plaintiff. Tbe complaint alleges tbat tbe railway company made a contract in writing with tbe express company, in these words: “ Received of W. V. Baker, treasurer, pckg, said to contain Cy. valued at seven Hundred dollars, marked Richard E. Ela, Burlington, Wisconsin, which we…
1Opinion of the CourtDixok, C. J.
Counsel for the defendant, in their statement of facts, say there was a conflict of testimony as to whether the package was addressed on the outside “ Richard E. Ela, Burlington, Wisconsin,” or “ Richard E. Ela, care of H. E. Carpenter, Burlington, Wisconsin.” An examination of the bill of exceptions shows very clearly that there was considerable testimony of,quite a positive character, tending to prove that the former was the address of the package. The charge of the court is not contained in the bill of exceptions, from which we understand that the instructions were unexceptionable to the…
2Cases cited5 opinions
- Raborg v. PeytonSupreme Court of the United States · 1817
- Pierce v. CraftsNew York Supreme Court · 1815
- Eagle Bank of New-Haven v. SmithSupreme Court of Connecticut · 1823
- Buel v. BoughtonNew York Supreme Court · 1846
- Reeves and Another v. Hogan and HendersonTennessee Supreme Court · 1812
3Cited by19 opinions
- Commonwealth v. Peoples Express Co.Massachusetts Supreme Judicial Court · 1909
- McKinnon v. VollmarWisconsin Supreme Court · 1889
- Paramount Supply Co. v. Sherlin Corp.Ohio Court of Appeals · 1984
- Duffy v. ScottWisconsin Supreme Court · 1940
- City Nat. Bank of El Paso v. El Paso & N. E. Ry. Co.Court of Appeals of Texas · 1920
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