Pitlock v. Wells, Fargo & Co.
Massachusetts Supreme Judicial Court
Contract, with a count in tort. The first count was against the defendants, who were a corporation, as common carriers, for failure to carry to Boston a package containing $1800 in treasury notes, delivered to them by the plaintiff in New York. The second count was for $1800 money had and received by the defendants to the plaintiff’s use.
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Contract, with a count in tort. The first count was against the defendants, who were a corporation, as common carriers, for failure to carry to Boston a package containing $1800 in treasury notes, delivered to them by the plaintiff in New York. The second count was for $1800 money had and received by the defendants to the plaintiff’s use. The third count was for the conversion of treasury notes of the value of $1800. At the trial in the superior court, before Lord, J., it appeared that the plaintiff gave a sealed package, containing $1800 in treasury notes, addressed to N. Broughton, Jr.,…
1Opinion of the CourtWells, J.
The verdict establishes the fact that the defendants did not receive the package in such manner as to become chargeable as common carriers. The instructions were sufficiently favorable to the plaintiff on that ground; and no objection is made to them here.
In his closing argument to the jury the plaintiff claimed that, if not chargeable as carriers, the defendants were liable as bailees, and might be held in this action, either for money had and received under the second count of his declaration, or in tort in the nature of trover under the third count. The presiding judge refused to allow a…
2Cases cited1 opinion
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Inman & Co. v. St. Louis Southwesten Railway Co.Court of Appeals of Texas · 1896
- McCabe v. MaguireMassachusetts Supreme Judicial Court · 1902
- Lopes v. BritoHawaii Supreme Court · 1889
- Bowles v. WieterDistrict Court, E.D. Illinois · 1946