Plaff v. Pacific Express Co.

This was an action of assumpsit commenced by the appellee against the appellant in the superior court of Cook county to recover the value of a shipment of merchandise delivered by Spaulding & Co., as consignors, in the city of Chicago, Illinois, of whom the appellee had purchased said merchandise, to the appellant, as a common carrier, for shipment to the appellee, as consignee, at El Paso, Texas, the place of residence of the appellee. The declaration contained two counts, which, in substance, are as follows:

The first count charges that the defendant, at the time of the making of the promise…