Reed v. . United States Express Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial district, setting aside a verdict in favor of plaintiff and ordering a new trial. This action was brought to recover damages for an alleged breach of an agreement to transmit a package of currency from Chicago to the Bank of Dalton, Georgia, for redemption, and to return the proceeds.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial district, setting aside a verdict in favor of plaintiff and ordering a new trial. This action was brought to recover damages for an alleged breach of an agreement to transmit a package of currency from Chicago to the Bank of Dalton, Georgia, for redemption, and to return the proceeds. Plaintiff delivered to the defendant’s money-receiving clerk, at its office in Chicago, a package containing $904 in the bills of the Planters’ and Mechanics’ Bank of Dalton, Georgia, saying that he wished it sent to the bank for…
1Dissent
The written receipt of the company was given in evidence, by which the contract of carriage was established. The defendant then offered to read in evidence, an entry subsequently made by its clerk in the books of the company, as evidence of what the contract was. The judge properly excluded the evidence. Memoranda of facts, or circumstances, made by a witness at the time of the occurrence of a given transaction, are sometimes permitted to be given in evidence, to show the existence of such facts or circumstances. Thus in Marcly v. Shults (29 N.Y., 346), the offer was to read a memorandum of…
2Cases cited3 opinions
- Marcly v. . ShultsNew York Court of Appeals · 1864
- Read v. SpauldingThe Superior Court of New York City · 1859
- Place v. Union Express Co.New York Court of Common Pleas · 1858