Moses v. Boston & Maine Railroad
Superior Court of New Hampshire
Case. The declaration alleged that on the third day of April, 1848, the defendants were common carriers of goods for hire, from Dover to Boston, and on that day the plaintiff, at their request, delivered to them 144 reams of paper, to be taken care of, safely kept, and securely conveyed from Dover to Boston, there to be safely delivered to Grant, Daniell & Co., for a certain reward; in consideration whereof the defendants received the goods and became bound by law, and then…
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Case. The declaration alleged that on the third day of April, 1848, the defendants were common carriers of goods for hire, from Dover to Boston, and on that day the plaintiff, at their request, delivered to them 144 reams of paper, to be taken care of, safely kept, and securely conveyed from Dover to Boston, there to be safely delivered to Grant, Daniell & Co., for a certain reward; in consideration whereof the defendants received the goods and became bound by law, and then and there promised to take care of and safely carry the same from Dover to Boston, and there deliver them to Grant,…
1Opinion of the CourtPerley, J.
Was Go wen a competent witness ? He was employed by the plaintiff as his agent to carry and deliver the goods to the defendants, and he was admitted to prove that he carried and delivered them accordingly. The plaintiff’s action is founded, not on the neglect, but on the performance of the agent’s duty. The witness was interested in the judgment, that the plaintiff might recover; for though the judgment could not be used against the witness, to shew his liability for the goods, he might use it to protect himself against a suit brought by the plaintiff. If the plaintiff should recover against…
2Cases cited6 opinions
- Cole v. Goodwin & StoryNew York Supreme Court · 1838
- Hollister v. NowlenNew York Supreme Court · 1838
- Camden & Amboy Railroad & Transportation Co. v. BelknapNew York Supreme Court · 1839
- Sager v. Portsmouth, S. & P. & E. Rail RoadSupreme Judicial Court of Maine · 1850
- Strafford Bank v. CornellSuperior Court of New Hampshire · 1818
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