Whitney v. Merchants' Union Express Co.
Massachusetts Supreme Judicial Court
Contract, with an alternative count in tort, for negligence of the defendants in the matter of a draft for $2401.20, drawn on October 13, 1868, at Boston, by the plaintiffs, (who were merchants in that city, under the name of Sprague) Soule & Company,) upon the firm of Plummer & Company at Providence in Rhode Island.
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Contract, with an alternative count in tort, for negligence of the defendants in the matter of a draft for $2401.20, drawn on October 13, 1868, at Boston, by the plaintiffs, (who were merchants in that city, under the name of Sprague) Soule & Company,) upon the firm of Plummer & Company at Providence in Rhode Island. Writ dated November 7, 1868. Trial in the superior court, before Putnam, J., who reported the following case to this court: “ The defendants were common carriers between Boston and Providence, and it was a part of their business to take drafts fike this for collection. The…
1Opinion of the CourtColt, J.
Under the instructions given to the defendants, at the time they received this draft for collection, it was their duty to collect it, or to return it at once to the plaintiff if not paid. It was duly presented by the defendants’ messenger for payment on the fourteenth of October, and payment refused. Instead of returning the draft at once, they retained possession of it, in order to enable the drawees to .obtain, by correspondence, some explanation from the plaintiffs as to the amount for which it was drawn. Satisfactory explanations Were received in due course of mail, and Plummer & Company,…
2Cited by10 opinions
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