American Express Co. v. Baldwin
Illinois Supreme Court
The facts are generally stated in.the case as formerly reported in volume 23, page 197. The following facts were 1 shown on the second trial, by the agent of the company : After the messenger arrived that day, I checked in his run, by comparing his packages with the waybills, to see if they were correct. After checking in the run, packages that I knew could be delivered were entered on the delivery book. This package to Baldwin was not so entered.
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The facts are generally stated in.the case as formerly reported in volume 23, page 197. The following facts were 1 shown on the second trial, by the agent of the company : After the messenger arrived that day, I checked in his run, by comparing his packages with the waybills, to see if they were correct. After checking in the run, packages that I knew could be delivered were entered on the delivery book. This package to Baldwin was not so entered. I put the package back into the safe. After delivering all the packages he could, the delivering agent came back to the office and I settled with…
1Opinion of the CourtCaton, C. J.
Upon the question of delivery, the evidence in this record differs from that in the same case reported 23 Ill. 197, in this, that in that case the proof showed that the package was not ready for delivery till it was duly entered in the delivery book, whereas on this trial, the witnesses testify that according to the course of business in express companies, a package may be ready for delivery before such entry is made; but upon the question of the actual delivery, or offer to deliver this package, the evidence upon this trial did not differ materially from what it was on the former trial, and…
2Cases cited1 opinion
- Baldwin v. American Express Co.Illinois Supreme Court · 1859
3Cited by4 opinions
- United States Express Co. v. StateIndiana Supreme Court · 1905
- Osborne v. Mayor of MobileSupreme Court of Alabama · 1870
- Mitchell v. WeirAppellate Terms of the Supreme Court of New York · 1897
- American Railway Express Co. v. RhodyIndiana Court of Appeals · 1924