Pendergast v. Adams Express Co.
Massachusetts Supreme Judicial Court
Contract. Trial in the superior court, before Lord, J., who reported the case for the determination of this court. The material portions of the report were as follows : “ At the trial there was evidence tending to show that the plaintiff, a soldier in camp some four miles from Newbern, North Carolina, delivered to George D. Sargeant, a commissary, in the captain’s tent, $200 to be sent by express to the plaintiff’s wife at Lowell, Massachusetts.
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Contract. Trial in the superior court, before Lord, J., who reported the case for the determination of this court. The material portions of the report were as follows : “ At the trial there was evidence tending to show that the plaintiff, a soldier in camp some four miles from Newbern, North Carolina, delivered to George D. Sargeant, a commissary, in the captain’s tent, $200 to be sent by express to the plaintiff’s wife at Lowell, Massachusetts. Sargeant, having blank envelopes of the defendants in camp, intrusted to him by the defendants for convenience in sending money, put the $200 therein…
1Opinion of the CourtGray, J.
When a common carrier is a corporation established for the purpose of transporting goods over a certain route, goods delivered to such corporation, directed to a more distant place, are presumed by our law to be received for the purpose of being carried by it over its own route only, and then forwarded by another carrier to their destination. Burroughs v. Norwich & Worcester Railroad Co. 100 Mass. 26. When there is no charter to indicate the limits of the carrier’s business, and no written agreement between him and the other party, the question what was in fact the extent of his undertaking…
2Cases cited1 opinion
- Burroughs v. Norwich & Worcester RailroadMassachusetts Supreme Judicial Court · 1868
3Cited by8 opinions
- Mills v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Fremont, Elkhorn & Missouri Valley Railroad v. New York, Chicago & St. Louis RailroadNebraska Supreme Court · 1902
- McCarn v. International & Great Northern Railway Co.Texas Supreme Court · 1892
- Eckles v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1905
- Inhabitants of Plantation No. 4, R. 1 v. HallSupreme Judicial Court of Maine · 1873
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