Hirsch v. American District Telegraph Co.
Appellate Terms of the Supreme Court of New York
Appeal from Trial Term, New York County. Action by Morris J. Hirsch against the American District Telegraph Company. From a judgment for plaintiff and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtFreedman, P. J.
The direction of a verdict for the plaintiff cannot be sustained. In form the action was brought on a contract alleged to have been made by the defendant with one Jantzen, the plaintiff’s assignor, whereby defendant agreed to transport and deliver for said Jantzen a package or envelope containing $500 in money to the Rutherford National Bank at Rutherford, N. J. At *465the trial it was shown that the package or envelope containing the money was intrusted by Jantzen to a messenger furnished by defendant, and that the messenger absconded with the money, but the proof did not establish the contract…
2Cases cited1 opinion
- Sanford v. American District Tel. Co.New York Court of Common Pleas · 1895