Eiswald v. Southern Express Co.
Supreme Court of Georgia
New trial. Damages. Before Judge Hall. Eulton Superior Court. October Adjourned Term, 1876. In addition to the facts stated in the opinion, it is .only necessary to add that the package containing the check arrived in Atlanta at twelve o’clock on the night of September 24th, 1874; that plaintiff’s wife, to whom the package was addressed, received, through the post-office, notice of its arrival, about 3:30 p. m. on the 25th, and went directly to the express office, but the…
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New trial. Damages. Before Judge Hall. Eulton Superior Court. October Adjourned Term, 1876. In addition to the facts stated in the opinion, it is .only necessary to add that the package containing the check arrived in Atlanta at twelve o’clock on the night of September 24th, 1874; that plaintiff’s wife, to whom the package was addressed, received, through the post-office, notice of its arrival, about 3:30 p. m. on the 25th, and went directly to the express office, but the agent refused to deliver the package until she was identified; that she returned the next morning with a gentleman to…
1Opinion of the Court
Bleckley, Judge.
The basis of the action was contract, and an alleged breach thereof. The express company undertook to carry and deliver a check drawn upon a bank by a depositor in favor of his wife ; and delivery to the wife was not made, it is contended, as early as it ought to have been made. In the mean time the bank failed and the depositor’s money was lost. The verdict was for the defendant, and the court refused to grant a new trial. Under the evidence, the presiding judge believed, no doubt, that the failure of the bank took place before a reasonable time for delivery had expired, and…
2Cases cited8 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Gibson v. CulverNew York Supreme Court · 1837
- Christenson v. American Express Co.Supreme Court of Minnesota · 1870
- Hendrick v. CookSupreme Court of Georgia · 1848
- Southern Express Co. v. EverettSupreme Court of Georgia · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- SONS OF CONFEDERATE VETERANS v. HENRY COUNTY BOARD OF COMMISSIONERS (Two Cases)Supreme Court of Georgia · 2022
- Hall v. BrowningSupreme Court of Georgia · 1943
- Jeter v. DavisCourt of Appeals of Georgia · 1925
- Carlisle v. CallahanSupreme Court of Georgia · 1887
- Beavers v. LesueurSupreme Court of Georgia · 1940
1 more not listed; retrieve them via the Exa API.