Stowe v. United States Express Co.
Michigan Supreme Court
Error to Kent; Perkins, J. Assumpsit by Ernest A. Stowe against the United States Express Company for failure to deliver a consignment of peaches. Judgment for defendant. Plaintiff brings error. In this action the plaintiff seeks to recover against defendant a judgment for $1, the value of a basket of peaches. Defendant undertook to transport the peaches, and is said to have incurred liability because of its failure to deliver them to plaintiff, the consignee.
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Error to Kent; Perkins, J. Assumpsit by Ernest A. Stowe against the United States Express Company for failure to deliver a consignment of peaches. Judgment for defendant. Plaintiff brings error. In this action the plaintiff seeks to recover against defendant a judgment for $1, the value of a basket of peaches. Defendant undertook to transport the peaches, and is said to have incurred liability because of its failure to deliver them to plaintiff, the consignee. Begun in justice’s court, where plaintiff had judgment, the cause was appealed to the circuit court, and was there tried by the court.…
1Opinion of the CourtOstrander, J.
(after stating the facts). We should feel justified, after examining the brief for appellant, in affirming the judgment without examination of the record. We have concluded, however, to treat the findings of fact' as presumably supported by testimony, and to consider the single exception that the facts found do not support the conclusions of law and judgment.
We have no doubt that the plaintiff may maintain the action. Defendant did not make a proper delivery of the peaches. It made no delivery. Adrian Knitting Co. v. Railway Co., 145 Mich. 323 (108 N. W. 706); 4 Elliott on Railroads, §§ 1524,…
2Cases cited3 opinions
- Hutchinson v. United States Express Co.West Virginia Supreme Court · 1907
- Bullard v. American Express Co.Michigan Supreme Court · 1895
- Adrian Knitting Co. v. Wabash Railway Co.Michigan Supreme Court · 1906
3Cited by3 opinions
- Pond v. Jantzen Knitting MillsOregon Supreme Court · 1948
- Johnson v. Pickwick Stages SystemCalifornia Court of Appeal · 1930
- First National Bank v. HolmesMichigan Supreme Court · 1921