American Express Co. v. Parsons
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. John M. Wilson, Chief Justice, presiding. This was an action on the case commenced by John B. Parsons against the American Express company, on the 5th of March, 1861, in the Superior Court of Chicago. The declaration contained four counts, but subsequently a nolle prosequi was entered to the first and second.
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Appeal from the Superior Court of Chicago; the Hon. John M. Wilson, Chief Justice, presiding. This was an action on the case commenced by John B. Parsons against the American Express company, on the 5th of March, 1861, in the Superior Court of Chicago. The declaration contained four counts, but subsequently a nolle prosequi was entered to the first and second. The third count averred, that, on the 25th of December, 1860, plaintiff caused to be delivered to defendants a certain promissory note made by one Daniel McNair, dated the 12th of February, 1859, payable to James H. Baldwin, for the sum…
1Opinion of the CourtChief Justice Walker
That appellants are liable for damages in this case, is not, nor can be, contested. But it" is urged that the court below adopted, in the instruction given, a wrong measure for such damages. It informs the jury, that, “if the company lost the note by carelessness, then the plaintiff is entitled to recover the value of the note, and that the value, in the absence of evidence to the contrary, is the amount of the note.” There seems to be no question that the note was lost, and the jury were warranted by the evidence in finding that it was through the carelessness of the other company with which…
2Cited by7 opinions
- Harlan v. BrownIndiana Court of Appeals · 1892
- Simon v. ReillyIllinois Supreme Court · 1926
- Henry v. North American Ry. Const. Co.Court of Appeals for the Eighth Circuit · 1907
- Olds v. Chicago Open Board of TradeAppellate Court of Illinois · 1889
- People v. DubiaIllinois Supreme Court · 1919
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