Alemian v. American Express Co.
Massachusetts Supreme Judicial Court
Contract, with a declaration in two counts, the first count containing allegations in substance that the plaintiff paid the defendant, “a common carrier . . . engaged in the business of transmitting money from one person to another,” $259.17 to procure the transfer of $250 or its equivalent in Russian rubles to his sister in Erivan in Russia, that the defendant accepted the money “and agreed to pay” it or its equivalent to the plaintiff’s sister in Erivan, but that the sum…
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Contract, with a declaration in two counts, the first count containing allegations in substance that the plaintiff paid the defendant, “a common carrier . . . engaged in the business of transmitting money from one person to another,” $259.17 to procure the transfer of $250 or its equivalent in Russian rubles to his sister in Erivan in Russia, that the defendant accepted the money “and agreed to pay” it or its equivalent to the plaintiff’s sister in Erivan, but that the sum of money or its equivalent was not paid as agreed and that the defendant had refused to return it. The second count was…
1Opinion of the CourtPierce, J.
This is an action of contract to recover $259.17, with interest from August 20, 1917, and is before this court on an appeal from the Appellate Division of the Municipal Court of the City of Boston.
A concise statement qf the facts, as shown by the reported testimony and agreed facts, is as follows: On August 20, 1917, the plaintiff made a signed written application to the defendant for a foreign cable transfer of money to his sister at Erivan, Russia. The defendant received from the plaintiff $250, which was the then equivalent of eleven hundred and thirty-six Russian rubles, and $9.17 for the…
2Cases cited4 opinions
- Tremont Trust Co. v. BurackMassachusetts Supreme Judicial Court · 1920
- Secoulsky v. Oceanic Steam Navigation Co.Massachusetts Supreme Judicial Court · 1916
- Britton v. NiccollsSupreme Court of the United States · 1882
- McKinney v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914
3Cited by14 opinions
- Costello v. HayesMassachusetts Supreme Judicial Court · 1924
- Gold v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1923
- Shaw v. Victoria Coach Line, Inc.Massachusetts Supreme Judicial Court · 1943
- Porter v. SpringMassachusetts Supreme Judicial Court · 1924
- Hashem v. Massachusetts Security Corp.Massachusetts Supreme Judicial Court · 1926
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