United States Express Co. v. Hutchins

Citations

• 67 Ill. 348

Syllabus

<p>1. Evidence—letter of third party. In an action against an express compan)- by a party who intrusted the company with a package of money to be carried to a third party, to recover for its loss, the company, on the trial, offered in evidence a letter, written by the party to whom the money was sent, directed to the plaintiff, and which a partner of the plaintiff had forwarded to an agent of the company, which the court refused to admit: Held, that the statements in the letter could not be used as evidence against the plaintiff, if they contained matter inculpating him, of were otherwise material, and that plaintiff’s consent that his partner might send the letter to the company, was not an adoption by him of its contents.</p> <p>2. Express company—extent of their liability. Express companies are insurers for the safe delivery of a money package intrusted to them for delivery to another person, and nothing can excuse them from their obligation safely to carry and deliver, but the act of God or the public • nemy.</p>