Farmers' & Mechanics' Bank v. Champlain Transportation Co.
Supreme Court of Vermont
Trespass on the Case. It was alleged in the declaration, that the defendants were common carriers on Lake Chamalain, between Burlington and Plattsburg, N. Y., and that the plaintiffs delivered to the defendants a package of bank bills, amounting to $1109, to be carried by the defendants from Burlington to Plattsburg, and there to be delivered to Richard Yates, Esq., cashier of the Clinton County Bank, to whom the package was directed ; and the plaintiffs averred, that the…
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Trespass on the Case. It was alleged in the declaration, that the defendants were common carriers on Lake Chamalain, between Burlington and Plattsburg, N. Y., and that the plaintiffs delivered to the defendants a package of bank bills, amounting to $1109, to be carried by the defendants from Burlington to Plattsburg, and there to be delivered to Richard Yates, Esq., cashier of the Clinton County Bank, to whom the package was directed ; and the plaintiffs averred, that the package was never delivered as directed, but was lost through the carelessness and negligence of the defendants. Plea, the…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
At the trial of this c'ase in the county court several exceptions were taken by the defendants’ counsel to the rulings and decisions of that court, which have been elaborately argued in this court and are now to be considered.
1. It is objected, that Martin A. Seymour was an incompetent witness. He was a teller in the plaintiffs’ bank and had given bonds for the faithful performance of his duty. This did not render him incompetent. It was no part of his official duty to deliver the package of bills in question, and if it were, ,it would not…
2Cases cited2 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1844
- Inhabitants of Boylston v. Inhabitants of PrincetonMassachusetts Supreme Judicial Court · 1816
3Cited by16 opinions
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Pennsylvania Railroad v. NaiveTennessee Supreme Court · 1903
- Bloyd v. PollockWest Virginia Supreme Court · 1885
- Perkins v. Portland, Saco & Portsmouth RailroadSupreme Judicial Court of Maine · 1859
- Davis & Gay v. Central Vermont RailroadSupreme Court of Vermont · 1893
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