Rich v. Crandall
Massachusetts Supreme Judicial Court
Contract against the defendant as a common carrier, for failure to collect and return the value of goods entrusted to him for delivery; with a count for money had and received.
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Contract against the defendant as a common carrier, for failure to collect and return the value of goods entrusted to him for delivery; with a count for money had and received. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions, in substance as follows: The plaintiffs do business under the style and name of the New England Oyster Company, in the city of Boston, and the transactions out of which the plaintiffs contend that the cause of action stated in their declaration arose were between them and Smith’s Express, running between Boston and…
1Opinion of the CourtC. Allen, J.
The defendant liad not been Salford’s employer or principal, in point of fact, for several months before the transactions now in question, and cannot be charged in this action without proof that the plaintiffs had a right to regard him as such employer or principal, and did in fact honestly and in good faith so regard him, and give credit to Safford relying on the defendant’s responsibility. But it is not found as. a fact, and there is no legal presumption from the facts which are found, that the plaintiffs dealt with Salford under the belief that he was acting for the defendant, or that they…
2Cases cited2 opinions
- Packer v. Hinckley Locomotive WorksMassachusetts Supreme Judicial Court · 1877
- Wright v. HerrickMassachusetts Supreme Judicial Court · 1880
3Cited by1 opinion
- Elkinton v. BoothMassachusetts Supreme Judicial Court · 1887