Witbeck v. . Holland
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court in the fourth judicial district, affirming the judgment for the plaintiff, entered upon the report of the referee. This action was tried before a referee, who found that the American Express Company was a joint stock association engaged in the general express business.
Read the full summary
Appeal from the judgment of the General Term of the Supreme Court in the fourth judicial district, affirming the judgment for the plaintiff, entered upon the report of the referee. This action was tried before a referee, who found that the American Express Company was a joint stock association engaged in the general express business. That the plaintiff was a soldier on Hart’s Island, H. Y., who, having received his bounty money on the 3d December, 1864, took $320 of it to the office of Adams Express Company, on that island, where it was counted, put in an envelope, sealed and addressed to “…
1Opinion of the CourtGrover, J.
The facts found by the referee showed beyond question that the defendant was a common carrier, and responsible, as such, for property delivered to it for transportation. This finding was warranted by the evidence. It was engaged in transacting a general express business. It is insisted by the counsel for the defendant that its liability was restricted by the contract, proved by the receipt given by the Adams Express Company to the plaintiff, upon the receipt of the money from him by it at Hart’s Island. From this receipt, it appears that the latter company undertook to forward the package to…
2Cases cited2 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Gibson v. CulverNew York Supreme Court · 1837
3Cited by19 opinions
- Rogers v. . WheelerNew York Court of Appeals · 1873
- Alsop v. Southern Express Co.Supreme Court of North Carolina · 1889
- Zinn v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Bennett v. Northern Pacific Express Co.Oregon Supreme Court · 1885
- United States Express Co. v. StateIndiana Supreme Court · 1905
14 more not listed; retrieve them via the Exa API.