American Express Co. v. Stuart

This is an action in assumpsit by appellant for the recovery from appellee of the sum of $192.75, being the proceeds of certain money orders sold by appellee while acting as agent for appellant. A trial by jury resulted in a verdict and judgment for the defendant, to reverse which, the plaintiff below prosecutes this appeal.

There is no controversy as to the material facts involved, which are substantially as follows: On July 4, 1905, and for several years prior thereto, appellee, a druggist, doing business in the city of Charleston, Illinois, had been acting as agent for appellant in the sale…