American Express Co. v. Greenhalgh

Citations

• 80 Ill. 68

Syllabus

<p>1. Common carrier — to whom, goods should he delivered. A common carrier may usually deliver goods to the consignee on the terms specified, or if refused by the consignee, he may return them to the consignor, or if the title has changed after receiving them, or if neither the consignor nor the consignee had title to the property when he received it, he may absolve himself from the duties of a common carrier by delivering it to the true owner.</p> <p>2. When a common carrier delivers goods to one other than the consignee or consignor, he does so at his peril, and it devolves upon him to prove that he has delivered them to the real owner.</p> <p>0. Goods were delivered to an express company, marked “C. O. D.,’ to be carried to the consignee. The consignee paid the express charges but refused to receive the goods, and directed the company to return them to the consignor. The consignor brought suit against the consignee, and recovered a judgment for the value of the goods, but in the meantime, after a verdict was rendered in favor of the consignor, and before judgment was rendered thereon, the express company, by direction of the consignor’s attorney, returned the goods to the consignor. The consignee never countermanded his directions to the company to re-ship to the consignor. When final judgment was rendered, the consignee brought an action of trover against the company to recover the value of the goods, without offering to pay the $250: Reid, that the consignee had no right of action against the company.</p> <p>4. In such case, if the consignee had notified the company that he had been sued for the value of the goods, and required it to hold them, and not deliver to the consignor until the litigation ended, it seems that a different question would be presented; but it was not the duty of the company to seek the owner, nor was it its duty, unasked and unwarned, to seek to protect the contingent future interests of the consignee.</p>