Williams v. Holland
New York Court of Common Pleas
On the 8th day of April, 1858, there, was delivered to the American Express Company, a box of goods for transportation, marked “ J. H. Scott, Lyons, Iowa,” for which the company gave a receipt, expressing their undertaking to forward and deliver the articles. The receipt does not disclose the name of the shipper or owner of the package. There was a charge upon the package of $167, which was to be paid by the consignee on the delivery of the box to him.
Read the full summary
On the 8th day of April, 1858, there, was delivered to the American Express Company, a box of goods for transportation, marked “ J. H. Scott, Lyons, Iowa,” for which the company gave a receipt, expressing their undertaking to forward and deliver the articles. The receipt does not disclose the name of the shipper or owner of the package. There was a charge upon the package of $167, which was to be paid by the consignee on the delivery of the box to him. The package was duly forwarded by the Express Company to Lyons, the place of its destination, and was there tendered to the consignee in good…
1Opinion of the Court
By the court, Daly, F. J.
The defendants carried the box to the place of destination, and tendered it to the consignee, who refused to receive it. It was then safely stored by the defendants in the premises in which they were accustomed to store merchandize in the care of good and responsible parties ; and while thus upon storage the premises were broken into by robbers and the box and its contents feloniously taken.
The consignee having refused to receive the box, the defendants discharged their contract as carriers, by placing it upon storage, and the. warehouseman became thereafter the…
2Cases cited3 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Schmidt v. BloodNew York Supreme Court · 1832
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
3Cited by3 opinions
- Porter v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1926
- Rawson v. HollandNew York Court of Common Pleas · 1874
- Salinger v. SimmonsNew York Supreme Court · 1870