27 N.Y.S. 142 | City of New York Municipal Court | 1894
The defendant is a common carrier and, as such, must carry out every contract assumed by it, except where prevented from so doing by the act of God or the common enemy.
The question in this case is, did the defendant contract to deliver the plaintiff’s money to his bank for deposit ? If so, then in my opinion the judgment herein should be sustained.
The fact that defendant had a contract with the Continental Bank does not concern plaintiff, unless his dealings with defendant were had with reference to such contract, which is not the case here.
There is ample evidence showing that the boy who undertook to carry plaintiff’s money to his bank was one of defendant’s messengers; and, as above held, its agent; and that he lost the money intrusted to him by his negligence is also apparent, and defendant’s liability for such negligence for the sum of money lost follows.
Finding no error the judgment must be affirmed, with costs.
Newburger, J., concurs in result.
Judgment affirmed, with costs.