Springer v. Westcott
New York Supreme Court
Appeal from circuit court, New York county. Action by Hannah Springer against Robert E. Westcott, as president of the Westcott Express Company, to recover a trunk and contents alleged to have been lost by defendant. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover the value of the plaintiff’s trunk and the contents upon allegations in the complaint that the defendant was an unincorporated association consisting of seven or more persons or associates, and that the defendant, Westcott, was the president thereof; that the business of said association was that of a common carrier of baggage for hire, and that it conducted the business commonly known as an “express company” in and about the city of New York; and that on the 14th day of September, 1889, the plaintiff caused to be delivered to said association, and said…
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