United States Express Co. v. Hutchins
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was an action of assumpsit, brought by Albert W. Hutchins, in the McLean Circuit Court, against the United States Express Company, to recover for an alleged loss of two thousand dollars, claimed to have been delivered to the company enclosed in a package directed to M. F. Hutchins, at Lowell, Mass.
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Appeal from the Circuit Court of McLean county; the Hon. John M. Scott, Judge, presiding. This was an action of assumpsit, brought by Albert W. Hutchins, in the McLean Circuit Court, against the United States Express Company, to recover for an alleged loss of two thousand dollars, claimed to have been delivered to the company enclosed in a package directed to M. F. Hutchins, at Lowell, Mass. The package was delivered to the company at Allin, in this State, and it is claimed that it never reached its destination. A trial ivas had by the court and a jury, resulting in a verdict of $2,000 in…
1Opinion of the CourtJustice Thornton
This was an action of assumpsit, to recover money sent by express from Allin, Ill., to Lowell, Mass. There was a judgment against appellant for $2,000.
The principal witness to prove the liability of the express company, was appellee. The evidence was conflicting; and as to some important and material facts stated by appellee, he w-as contradicted by other witnesses. Some portion of his story was rendered improbable by opposing testimony.
Upon this state of the evidence, the court erred in refusing the following instruction in behalf of appellant:
“If the jury believe, from the evidence, that…
2Cases cited1 opinion
- City of Chicago v. SmithIllinois Supreme Court · 1868
3Cited by6 opinions
- Swan v. PeopleIllinois Supreme Court · 1881
- Perkins v. KniselyIllinois Supreme Court · 1903
- Schultz v. Territory of ArizonaArizona Supreme Court · 1898
- Bonnie v. EarllMontana Supreme Court · 1892
- Hall v. Hotel Sherman Co.Appellate Court of Illinois · 1925
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