Herrick v. Gallagher
New York Supreme Court
APPEAL by the defendant from a judgment of the county court of Jefferson county, affirming a judgment of a justice of the peace. The facts were substantially as follows: A boy by the name of Hintermyre, who was in the employ of the defendant’s father, purchased a ticket in one of those fraudulent lotteries known as gift enterprises, purporting to be carried on by Ferguson & Company, in the city of Hew York.
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APPEAL by the defendant from a judgment of the county court of Jefferson county, affirming a judgment of a justice of the peace. The facts were substantially as follows: A boy by the name of Hintermyre, who was in the employ of the defendant’s father, purchased a ticket in one of those fraudulent lotteries known as gift enterprises, purporting to be carried on by Ferguson & Company, in the city of Hew York. He subsequently received a letter purporting to be from Ferguson & Co., stating that he had drawn a prize worth $500, and asking him to send five per cent of that amount, and they would…
1Opinion of the CourtMullin, P. J.
An express company may receive a parcel to be delivered to the consignee only on payment of the sum directed to be collected upon it. And if the consignor forbids the consignee to inspect the contents of the parcel until such payment is made, it is the duty of the company to obey the direction. But if the company should, in violation of the prohibition, permit an examination of the contents of the parcel, and the consignee should refuse, without cause, to receive it and pay the sum required, it may be the company would be liable to the consignor for damages.' It is unnecessary to consider…
2Cases cited2 opinions
- Frary v. DakinNew York Supreme Court · 1810
- Mowatt v. McLelanNew York Supreme Court · 1828
3Cited by8 opinions
- National Park Bank of New York v. Seaboard BankNew York Court of Appeals · 1889
- National Bank of Commerce v. American Exchange BankSupreme Court of Missouri · 1899
- State ex rel. Hathorn v. United States Express Co.Supreme Court of Minnesota · 1905
- Brand v. WeirAppellate Terms of the Supreme Court of New York · 1899
- Archibald & Lewis Co. v. Banque Internationale de CommerceAppellate Division of the Supreme Court of the State of New York · 1926
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