Russell & Annis v. Livingston & Wells
New York Court of Appeals
Appeal from the Supreme Court. The action was brought to recover the value of a package of money delivered to the defendants, as common carriers, to be carried to the plaintiffs, and which was lost.
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Appeal from the Supreme Court. The action was brought to recover the value of a package of money delivered to the defendants, as common carriers, to be carried to the plaintiffs, and which was lost. Upon the trial at the Ontario circuit, the plaintiffs proved the "delivery at Amsterdam, by the teller of the Farmers’ Bank of Amsterdam to a messenger in the employment of the defendants, and then in a railroad car used by the defendants for the transportation of packages intrusted to them, of a package of money containing $981. The package was marked and directed* and was so directed in…
1Opinion of the Court
Johnson, Ch. J.
The plaintiffs were nonsuited at the trial, upon the ground that the evidence established that Dawley was their agent to receive the package in question at Vienna, and that it was delivered by the defendants to him and received and held by him as the plaintiffs’ agent.
The testimony of the defendants’ agent at Canandaigua showed that the practice at his agency was to retain packages addressed to persons and places not on the direct line of the express routes, until they were called for, or written directions were received from the consignee; and that packages so directed, and…
2Cited by7 opinions
- City Nat. Bank of El Paso v. El Paso & N. E. Ry. Co.Court of Appeals of Texas · 1920
- United States Express Co. v. HammerIndiana Court of Appeals · 1898
- Hoops v. Wells Fargo & Co.Appellate Court of Illinois · 1913
- Gray v. JacksonSupreme Court of New Hampshire · 1871
- Mayer v. Southern Pacific Co.City of New York Municipal Court · 1916
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