Baldwin v. American Express Co.
Illinois Supreme Court
This was an action of assumpsit brought at the April term of the Cook county Circuit Court by the plaintiff in error, to recover the value of a package of money which the defendant, as a common carrier, undertook to convey from Chicago, Illinois, to Madison, Wisconsin,' and there to be delivered to D. J. Baldwin, or his authorized agents, and which undertaking the said defendant failed to perform.
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This was an action of assumpsit brought at the April term of the Cook county Circuit Court by the plaintiff in error, to recover the value of a package of money which the defendant, as a common carrier, undertook to convey from Chicago, Illinois, to Madison, Wisconsin,' and there to be delivered to D. J. Baldwin, or his authorized agents, and which undertaking the said defendant failed to perform. The plaintiff, by his declaration, alleges, in substance, that on the 6th day of September, 1857, the said defendant was a common carrier of goods and money for hire; and as such common carrier, the…
1Opinion of the CourtBreese, J.
The question in this case is, was there sufficient evidence of a delivery of this package, or of an offer to deliver, as will discharge the liability of the express company as a common carrier, or change it into the liability of a depository simply.
There is no count in the declaration against the defendant, charging any other contract with it than that as a common carrier, and consequently, all evidence in relation to the security of the safe, or the absence of a night watch, is out of the question. The defendant can only be liable as a common carrier, and in no other character on this…
2Cases cited3 opinions
- Gibson v. CulverNew York Supreme Court · 1837
- Eagle v. WhiteSupreme Court of Pennsylvania · 1841
- Young v. SmithCourt of Appeals of Kentucky · 1835
3Cited by12 opinions
- Hutchinson v. United States Express Co.West Virginia Supreme Court · 1907
- Chicago & Northwestern Railroad v. SawyerIllinois Supreme Court · 1873
- United States Express Co. v. RushIndiana Supreme Court · 1865
- American Merchants' Union Express Co. v. SchierIllinois Supreme Court · 1870
- Gulliver v. Adams Express Co.Illinois Supreme Court · 1865
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