Cushing v. Wells, Fargo & Co.
Massachusetts Supreme Judicial Court
Contract for the value of certain gold coin, alleged to have been intrusted, by the plaintiff’s agent, to the defendant corporation, as common carriers, and to have been specially insured by them against loss, all as indicated in the following receipt and certificate: “ Wells, Fargo & Co.’s Express.
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Contract for the value of certain gold coin, alleged to have been intrusted, by the plaintiff’s agent, to the defendant corporation, as common carriers, and to have been specially insured by them against loss, all as indicated in the following receipt and certificate: “ Wells, Fargo & Co.’s Express. Acapulco, Oct. 15th, 1862. Value, $1800. Received of James Cook one package of gold coin addressed to John N. Cushing, which we agree to forward to Newburyport, Mass., and deliver to address. In no event to be liable beyond our route as herein receipted. It is further agreed, and is part of the…
1Opinion of the CourtChapman, J.
The defendants are common carriers, and received from the plaintiff’s agent at Acapulco in Mexico, in October 1862, a canvas bag containing ninety double eagles, of the coinage of the United States, to carry and deliver to the plaintiff at Newburyport. It has not been delivered, and the defendants admit the plaintiff’s right to recover. It being agreed that the premium on gold in the market at the time when the package should have been delivered, November 1, 1862, was thirty per cent., a question is raised as to the amount of damages to which the plaintiff is entitled.
If it had been a…
2Cited by5 opinions
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- Iasigi v. SheaMassachusetts Supreme Judicial Court · 1889
- Stringer v. CoombsSupreme Judicial Court of Maine · 1873