Russell v. Livingston
New York Supreme Court
THIS action was brought against the defendants as common carriers, to recover the value of a package of bank bills delivered to the defendants at Amsterdam, Montgomery county, for the plaintiffs, to be carried to East Vienna in the county of Ontario. The cause was tried at the Ontario circuit in November, 1853, before Mr. Justice T. R. Strong. A jury was waived by the parties, and the cause tried by the court, who rendered a judgment for the plaintiffs.
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THIS action was brought against the defendants as common carriers, to recover the value of a package of bank bills delivered to the defendants at Amsterdam, Montgomery county, for the plaintiffs, to be carried to East Vienna in the county of Ontario. The cause was tried at the Ontario circuit in November, 1853, before Mr. Justice T. R. Strong. A jury was waived by the parties, and the cause tried by the court, who rendered a judgment for the plaintiffs. A bill of exceptions was taken, which contained the following facts and evidence. On the 19th November, 1849, the plaintiffs, who resided at…
1Opinion of the Court
By the Court,
Welles, J.
I agree with my learned brother before whom this action was tried, wherein he holds that the business of the defendants, in the course of which, by their *355agent, they received the package of money in question, was that of common carriers; and-that being such common carriers, they were responsible as such for its safe delivery according to the legal obligations attaching to persons standing in that character, ,^T also agree with him that the fair construction of the words in the direction on the package, “ care of Mr. Dawley, express agent,” was, that the package should,…
2Cited by7 opinions
- Sweet v. . BarneyNew York Court of Appeals · 1861
- United States Express Co. v. RushIndiana Supreme Court · 1865
- Sherman v. WellsNew York Supreme Court · 1858
- Belger v. DinsmoreNew York Supreme Court · 1868
- Sweet v. BarneyNew York Court of Appeals · 1861
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