Cronkite v. . Wells
New York Court of Appeals
Appeal from judgment of Supreme Court. The action was against the American Express Company, as common carriers, to recover the value of a package of money ($858) alleged to have been lost by the company. The cause was tried at the Erie Circuit in October, 1859. The principal facts were admitted, or in respect to which there was no conflict of evidence.
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Appeal from judgment of Supreme Court. The action was against the American Express Company, as common carriers, to recover the value of a package of money ($858) alleged to have been lost by the company. The cause was tried at the Erie Circuit in October, 1859. The principal facts were admitted, or in respect to which there was no conflict of evidence. They were these in substance: The plaintiffs were in the banting and exchange business at Menah, in the State of Wisconsin, under the firm name of the Winnebago County Bank, during the year 1856. The defendant was, during that year, a common…
1Opinion of the CourtWright, J.
The package of money was stolen while in the custody of a person named Fisher, at his lodgings in Menasha. The evening before the theft, the plaintiffs’ clerk went to the defendant’s office to deliver it to be carried to Flew York, but found the office closed. He made search elsewhere for the agent of the defendants, but not finding him, met Fisher in the street, and upon Fisher answering that he could receipt it, they went into an eating saloon where a receipt was executed, and the package given into the custody of Fisher. Fisher took it to his boarding house, and in the morning it was found…
2Cited by1 opinion
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