American Merchants' Union Express Co. v. Milk

Citations

• 73 Ill. 224

Syllabus

<p>1. Common carrier—how relieved from responsibility. It is the dut3r of an express compan3>-, upon receiving a package of money to be forwarded, to safely carry and deliver it to the consignee, and the only way it can relieve itself from responsibility as a common carrier is, by showing performance, or its prevention by the act of God or a public enemy. It is not discharged by delivering the same to another, on a forged order of the owner.</p> <p>2. Agency—authority to receive express package. It is a question of fact, whether one who, while in the employ of another as book-keeper, occasional^' received packages of goods sent by express to his principal, and was in the habit of receiving his mail, had authority to receive and receipt for a money package of his principal, after his employment ceased.</p> <p>3. Same—must home authority. An agent, in order to bind a principal, must have authority to act, and the delivery of a money package by an express company, to one, on the hypothesis of his being the owner’s agent, will not relieve the company from liability, unless the supposed agent had the authority to act.</p> <p>4. Instruction—not based on evidence. An instruction not based on evidence may be proper, when given to meet a theory advanced to the jury by the opposite party.</p>