, 1860-06-16
rAw TNTELLIGENCE.
euan Baldwin -. American Express Com

Cnnsntes ere flschagrd from uth{tY to de-
liver pasfsEet unies. m ets5 = dels,r made = the
tas E5press oniec. vii poi e1euss xaeh eo,npane,
from thelrasliiies eouton ca.er (which they ass
held to ba except Under 1ee''A1 circumstances
This was an action Of Assumpsit brought at
the Aprii Term Of the Cook County Circuit
yslue % Of + q package m of money which tbe defend.
ant, a. common carrier, undertook to convey
from Chicago. ILL.,, to Madison, Wisconsin, aud
there to be delivered to D. J. Baldwin or his
authorized agents, which undertaking the said
defendant failed to perform.
The defendant filed plea Of general issue TO
the declaration.
At the April Term Of said Court, this cause
coming on to be heard by agreement Of parties,
was submitted Ia the Court for trial.
The Court, after hearing the evidence and tue
arguments OF counsel, found the Issues for the
defendant. aud rendered Judgment against the
tered motion for new trial, which was over
ruled.
The plaintiff entered motion in arrest of
Judgment. which ms4ion was overrnied bT the
Court and q final Judgment rendered for tha de-
Tha ey;dsnca in tbis casa snhstantia,Iv shoys
that the defendant, IN The capacity Of common
csrrler: undeitook % caI1J aoa c"nsey oan nns
plalnt1n Pae1a&e q uo49F, *a1ueo Al "iVVV,
IRON Chlcaeo 10 haalson' "1s0ons1n' anu t1ele
to dellser the same 10 u ). baawln' OF Ills aa-
taon1ed agent.
u. = baaH1n nao antnor11eo a99 olfeS1eo
defendant to denver az Paeeages addfessea 70
him Baldwin, to q. I: Flowers or the Lane 70:
Bank, both Of whom had bsen in the habit OF
reeniv1ng such pac9sges'
Flowers kept Plano and Melodeon store a.
Madison: The Daae County BANK was ~ the
same building, as the Excress olhee, and the
two Offices communicated by short hall: 20
TINT the inmates could converse with each other,
but could not Bee each other. Flowers kept
one c1esk, Willis, who bad charge Ct bis .t9re;
but had never received packages addressed to
Baldwin, nor had he any directions or authority
concerning them.
Treadway Wasa messenger in the Dane County
Bank, and bad authority to receive PACKAGES
addressed to the Bank, but bad no authority to
receive packages addressed to Baldwin:
On the 6th Of September, the plaintiffs sald
package arrived. with other express matter, at
f6out 90 minutes Was placed in the defendants
Office there.
The usual course Of business Of the defend
ant in such casesswas to compare the packages
with the wsy bills-fo copy the way bulls into
delivery book which vas called receipt BOOK,
receipt hook.
When said package arrived 1t the defendan!s
| Office. Douglas, the express agent, testtes that
he made no attempt to enter It Oh ths receipt
book, bos asked the messenger. TteedNay, i he
snid, let Flowers have it. Brown, the cashier
Of the Dane county bank, testifes, that the
! express agent, iuatead Of speaking to Tread
way, as Douglas testifes, called from defend
ants office to him In the b nk, aud eaid here IS
package tor BALDWIN; DO you Wsnt =, 7, to which
Nemhard, the delivering agent. while deliv-
erin9 other packages that arrived at the same
| time, passed Flowers store ard told his clerk
clerk Willis. that sud package was at defend
ants Office, but did nottake the packe with him,
or attempt to deliver it to any one at floHeFa'
Wills then went to the express office, making
inquiries about other matters, and when inform.
ed Of the package, said he had not the key Of
the safe and did not want to take the RESPONSE
billy to reeelEe IN ne nssesse; and informed the
express agent that f!oHers YES awaY at Golum-
bus, Ohio. Brown did not know that Flowers
VAS absent ut the time.
Testimony was giren tending to show that
aaid office Of defendant waarohbed On tue night
Of Sept. 8, 1857, Of large quantity Of money
among which was the pla1nnt s package.
] or,x,ox o- -1p conn-
J. BaErsr-The question in this case is. Va.
there sufficient evidence Of delivery Of hi:
| nacka1e or of an offer to deliver. IA will dia
charge the Inability of the Express Company as
a common carrier or change it into the fisblli.s
Of depository Iaimply. =.
There IS no count IN the declaration against
the defendants, charging any other contr &c
with it, than that as common, carrier, and con
/ seauentl7, all evidence IN relation to the secu
ritz Of tie safe or the absence Of a night watch
is out Of the question. The defendant can onl,
| be reliable as eJmron carrier, and n no 9th
er character on thl, declaration.
; We do not consider there is any offer to de
i liver this package either to the officer Of th
. Dane County Bank, or to Flowers, OF to any On
IN his employment authorized to receive il
proved.
The testimony Of Douglass, the agent Of th
z Express Company, taken in connection witt
i. that Of Memhard, the messenger Of TreadwaJ
+ one OF the employ ees OF The bsnk, and Of Bro"t
the cashier Of the bank. aud o. Willis, c1erl
+ | Of Flowers, all 60 to show that the package va
not even rendered hy Dough- $ to either Of then
and be shows mos: clearly that the package wa
" at no time ready for delivery either to the; ban
4 or to Flowers; for he says It was the custom
ceived IN delivery book, Which is also ihe r
, ceipt book, and by which book they deliver
! consjenees. who SIGN a ry SENT in this deliver
. book. Now this packa:e was never eutert
l. Oh this book, land Of course was not reat
:. for delivery,
10 The Bank had no opportunity to refuse TO I
= ceiye the package, for it was not offered to Al
!. officer Of he Bank. Oue or more of them was
fo1nned tbere was such a package there +
g Raidwin. mt thnurh The Bank Office WIS :,
i've steps d;stant and iu The same building wi
J. the Express office, the Express agent did n
ID taKe II 10 tue oaek anu 11efe o4er 70 oenfef
e n1,cs ~ hr,iness Tha clerI 1ra. nere1v to
e. fT the messenoer. whi1e making h;s ronn
~ tbera waa a nactroe far Baidwin at the off,
:" NJ tha clerf rid "he 1rnnid co ronnd and .
III about It." When at he Office. the packa7e "