J. De Leo & Co. v. Western Union Telegraph Co.

Plaintiff, a furrier, claiming to have been lawfully in possession of a mink coat, of the property of one Ruth Rathbun, sues as bailee to recover the reasonable value of the coat, charging defendant, in its amended complaint, (a) in the first cause of action with negligence on the theory that defendant was hired to deliver the aforesaid mink coat to the *198lawful owner, and wMle said coat was in defendant’s custody it was lost through the sole and exclusive negligence of defendant; and (b) in the second cause of action upon the theory that the defendant was a common carrier of merchandise for…