60 Ga. 496 | Ga. | 1878
The basis of the action was contract, and an alleged breach thereof. The express company undertook to carry and deliver a check drawn upon a bank by a depositor in favor of his wife ; and delivery to the wife was not made, it is contended, as early as it ought to have been made. In the mean time the bank failed and the depositor’s money was lost. The verdict was for the defendant, and the court refused to grant a new trial. Under the evidence, the presiding judge believed, no doubt, that the failure of the bank took place before a reasonable time for delivery had expired, and that the plaintiff’s money was thus really lost while the express company was not in default; that the default of the latter, if any, by undue delay in making delivery, was
At all events, in this class of cases a reviewing court will not constrain the primary court to grant a new trial in order that mere nominal damages may be recovered.
Cited in the argument: Red. on Railways, 32; Ang. on Carriers, §§287, (n) 291, 295, et seq : Brown on Carriers, 195, 199, et seq; 2 Kent’s Com., 604; Ad. on Cont., 500, 501; 17 Wend., 305; 6 Bosw., 235; Code, §2946; 4 Ga., 264; 18 Ib., 539, et seq; Code, §§2066, 2062, 2060, 2080 ; 45 Ga., 309; 46 Ib., 307; Code, §2070; 37 Ga., 693; 46 Ib., 433; 17 Wall., 357; 15 Minn., 270; 23 Am. Law Reg., 39; 9 Am. Law. Review, 155; 2 Gr’l’fsEv., p. 194, notes; Code, §3065; Sedgw. Meas. Dam., 55, 56; 22 Vt., 231; 5 Ind., 250; 6 Rich. Law, 75; Code, §3678.
Judgment affirmed.