David Josiah Brewer

“ It is not the case of one employing the defendant to transfer moneys to a third party, which he owes such third party, in which case the debt of the sender may be discharged whenever the party to whom the money is sent receives it.
Another contention of plaintiff in error is this: Had the money been remitted by mail from London to Glasgow, and reached there on the 28th, how can it be affirmed that Martin, Turner & Co. would have appropriate this money to the payment of the intended draft? ”

“ There goods belonging to the shipper were handed by him to an express company for transportation to a place mentioned, for delivery there to a person named. At the request of the consignee, the express company made the delivery at another place, in consequence whereof the shipper lost his goods; and the express company was held liable, because, although consigned to a named consignee, they were delivered for transportation to him at a named place ”

“ As the case was tried before a jury, contested facts must be accepted to be as alleged by the plaintiff, because resolved in his favor y t he verdict. Lancaster v. Collins, 115 U.S. 222, 6 Sup. Ct. Rep. 33. The facts thus established are these: For some years prior to the transaction in controversy the plaintiff, Cooper, had had business relations with the firm of Martin, Turner & Co., of Glasgow, Scotland. In consequence of these relations, he had had frequent occasions to remit money to that firm, and many of such transactions had been carried on through the agency of the defendant. ”