Stern v. Barrett

Headnote

Carriers — action to recover money delivered to express company for transmission to foreign country, a receipt showing delivery to payee not having been returned to sender.

Stern v. Barrett, 202 App. Div. 830 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 14, 1922, which affirmed a determination of the Appellate Term affirming a judgment of the Municipal Court of the city of New York in favor of plaintiff. The complaint alleged that upon the 25th day of April, 1916, the plaintiff delivered to defendant the sum of $154 with instructions to transmit the said amount to one Stern Salomone, Szasoka, Beregmegye, and that thereafter, and about the 25th day of July, 1916, the plaintiff delivered to the defendant the sum of $67, with instructions to transmit the said moneys to the same person; that defendant undertook and guaranteed to transmit the amounts as aforesaid to the person aforementioned and to furnish the plaintiff with a receipt showing delivery of said moneys to the

said person or to refund the said amounts to the plaintiff; that the defendant has not furnished this plaintiff with a receipt showing delivery of the said moneys to the person above named, although duly demanded, and there is now due and owing from defendant to the plaintiff the sum of $221, no part of which has been paid, although duly demanded.