The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-18

snarsd INTO bstween hs Defendants and As express CON-
psy Sse 8. ds.s q Asss = isss ns ne sss z
and Sss me dsss q ths Defendants IN rsfsrssos hsrec
psDy could se have mainissd his son quite clear,
and y seems 70 me- equally - that the plaintiff oannos Be
plaintiff that shs dsiepdans ere liable because they had
altered the direction the kegs and had therefore caused
the injury which the pair has sustained do no. un-
dersand that the direction upoa the kegs has In Ac been
changed From augbt that appears |. remained The same
described ir the Teceip OF the express company In
n Ne. Yos
A. B. II Voter street. New York ibis ID the engage
men. Of ne p e, do no. understand the
thing moro than description, and they certainly truly
Identity the butter marhed,I Il was 80 marked
the Express Company. In whose the butter continued
and who knew 70 whom they had 70 deliver Il. II they
neglecsd their duty am unable 70 see that the defend
dcred themselves liable 70 the plaintiff for any damage
which hs may bare sustained In Consequence. In any
can ground for holding the defendants liable
Jrdems nj must therefore be entered for The defend spts
Henry Grant N. 0homdsriaine and oAxs-The plaintiff
resides does business ct Winchester, Ky and the do
ordsns propeors Of an express line called the Peo
res Express for the carry Ing Of goods from the city Of New
chased Of the Unlcn India Rubber Com aany bill goods
and gave directions to the sellers - send them By Peope
E.ps, Peoples Mas b. =. cara g Ghs5 no., sos:h Co.
1853, the boz ocn aiming the goods was delivered on
beard the Peoples Express ps and reoeips taken,
and 10 alleged by plaintiff that bin Of ladipg MAS also
taken. The receipts clearing the goods marked a.
Graft, Winchester, Ky. ID claimed that
hs goods, by the blu Of lAdipg 70 be delivered
IN Cincinnati, to j. g. Chenovtrlh b Co, who were mot
only the ssens or the plaintiff but OF the defendants
sho ri Cincinnati. The Defendants also ii that time had
that CT Campbell Russell Co. Tho boz reached Nncin-
natl In dre season, but not delivered 10 Cbene-
worth Co by Defendants but 70 Campbell, Russell Il
Co. who assumed 10 forward tho 10 the plaintiff by
the way Of Lcuisvihe. reached him, having been
burned ct Louisville.
DAuEs JuA6e rhe plaintiffs right to recove depends
npon the question whether the goods consigned j.
e Chtnoworh Co Cincionat, and whether the defen-
dans agreed to deliver them to the consgroea After
careful examination OF the testimony, brought the
uorcuson thst they we're consigned, and hat by The
tenor and legal Import or tho bill Of ladipg the
defer dsnn were bound, common cay,iefs to
deliver The box of goods to conslsnces at
Cincinnati, J. g. Oheoow0Yth q Co. II 10 undauiabe that
this not dole. By mistake tb ey came into tAe pos
seceon Of CAmpbe Russell Co., the other agents OF the
defendants Ut Cncunsu, who assumed 10 forward them
On 10 the plaintiff there had been special direction
10 deliver them at Cincinnati and consequently obigs-
ton restna the defendants 10 deliver them aocorr
hs the whole duty o. tho defendants would
Discharged by the delivery 10 Camsbe, Russell Co.,
competent forwarders there (Van SAINT rood w. 81.
John, Hill, 1917 The defendants at boun IL, In
the absence OF special CONTRACT carry beyond their
route and delivery 70 poseu forwardev Al its ter
minus would have protected them. Bat II 10 me
tnA In this they bound 20 deliver ths box to
chenoworsh Co., and taAt they could not select
other consgrees, and not having fuled the duty laid
upon The by law they must respond for the OF
box judgment for $780, with interest from Sept 1853.