Currier

“ The Interstate Commerce Commission has the power concerning interstate commerce to say whether rates and practices are reasonable. A carrier is obliged to file with the Interstate Commerce Commission a schedule of its rates, and regulations concerning rates, and is also required to post these rates publicly in its stations. If anybody objects to the rates they must make complaint before the Interstate Commerce Commission. ”

“ Of course, carriers are not the only public-service corporations; electric light companies or gas companies or water companies are other illustrations; but common carriers, and especially railroads, are the most prominent public-service corporations. ”

“ They frequently allow their customer, the buyer, to take the bill of lading, indorsed, for the purpose of entering the goods at the Custom House, or warehousing them, or even for the purpose of selling the goods, so that the buyer will be in funds to enable him to discharge his debt to the banker. ”

“ Any words which show an intention that another shall be the owner of a right are sufficient to constitute the latter an assignee. Especially it should be observed that an order directed to a debtor of the drawer ordering him to pay the debt to a named payee, is an assignment of the debt when delivered to the payee. This case must be sharply distinguished from a bill of exchange or check. A bill of exchange or check is an order to pay a certain amount unconditionally, irrespective of the existence of any particular fund. ”

“ CARRIER'S COMMON-LAW LIABILITY FOR GOODS.—A carrier, at common law, when he receives goods for transportation, is subject to a degree of liability beyond that imposed on any other person. An ordinary person who receives goods—a bailee, as he is called in law—is merely liable for the consequences of his negligence. A carrier, however, while goods are in course of transportation is liable, at common law, as an insurer against all kinds of accidents except those caused by act of God or public enemies. ”

“ Railroads are generally, and other carriers are generally, financially responsible, and therefore the great question that interests the holder of such a bill is, are the railroads liable in damages because no goods are behind the bill of lading? ”

“ We have learned, in the case of the sale of goods, that unless credit is given, the delivery of the goods and the payment of the price are concurrent conditions. Now, when the parties reside at a distance there is difficulty in working out these concurrent conditions. If the seller ships the goods directly to the buyer, he loses his hold on the goods, and if the buyer does not keep his agreement to pay promptly, the seller will be unable to do anything about it. ”

“ GENERAL AND SPECIAL AGENTS.—It is much easier to find a case of apparent authority, which will bind the principal, if the agent is a general agent than if he is a special agent. A special agent is an agent authorized to do one act, as this town treasurer was authorized to make one loan. The cashier is a general agent, authorized to do any of the great variety of acts which cashiers ordinarily do, and if the directors vote to take away one of the normal powers of the cashier, they must make the limitation public or the bank will be bound by the cashier's act. ”

“ One which has been urged upon Congress is to pay the railroads a special small fee for issuing order bills with the precautions that a stock certificate is issued. The railroad would take the blank from a numbered book and would punch and stamp it in such ways and with such countersigning that it would be very difficult to forge. That method has not found much favor with shippers because they dislike the extra expense. They get their order bills of lading for nothing now, and they want to continue to do so. ”

“ An offer on the floor of a stock exchange will not last very long. A reasonable time for acceptance of such an offer is immediately, and an offer sent by telegraph will not remain in force long. The use of the telegraph indicates that the offerer deems haste of importance. An offer sent by mail will last longer. An offer relating to things which change in value rapidly will not remain open for so long a time as an offer which relates to land, or something that does not change in value rapidly. ”

“ If the consignee sells the goods, then he, of course, [Pg 291] must turn over the price to the consignor less such commission as he takes, or if the transaction was not on commission, then the consignee must pay to the consignor the price it was bargained the consignor should receive. ”

“ The other day, on arriving from London, while I was waiting for my luggage, I saw several of the porters who convey travellers' impedimenta to the cab come up and deliver over the coin they had just received for this service to a functionary posted ad hoc in a corner, and armed with a little book in which he noted down these remittances. The pour-boires are apparently thrown into a common fund and divided among the guild of porters. The system is doubtless an excellent one, excellently carried out ”

“ You would have had to pay the courier a percentage."
"Undoubtedly. The courier always has his percentage. In this case it would have been a hundred francs."
"Then the tradesman does not pay a part of it—the purchaser pays all of it?"
"There are occasions when the tradesman and the courier agree upon a price which is twice or thrice the value of the article, then the two divide, and both get a percentage." ”

“ The despatches which pass between the foreign office and its representatives abroad, and which cannot be entrusted to the postal service or the telegraph, are carried by special couriers, styled, in the British service, King’s Messengers. “Courier,” more particularly, is applied to a travelling attendant, whose duties are to arrange for the carrying of the luggage, obtaining of passports, settling of hotel accommodation, and generally to look to the comfort and facility of travel. ”

“ I have a considerable share in the barque, and I intend that my proportion of the freight shall be safe. I am not of those who believe in keeping their money in a purse; I carry mine in my pockets. If the purse is lost, all is gone. Who’s to assure me of the solvency of an insurance office? I mean that this voyage shall enable me to stay at home with my wife,’ said he, looking fondly at me. ‘Let another take charge of the barque next time. I’ll make enough to own the half of her.’
‘You shall own all of her, if you will, Tom,’ said I.
‘That’s as your trustees shall decide,’ said my uncle. ”

“ At way stations the courier comes to your compartment to see if you want a glass of water, or a newspaper, or anything; at eating stations he sends luncheon out to you, while the other people scramble and worry in the dining rooms. If anything breaks, about the car you are in, and a station master proposes to pack you and your Agent into a compartment with strangers, the courier reveals to him confidentially that you are a French duke born deaf and dumb, and the official comes and makes affable signs that he has ordered a choice car to be added to the train for you. ”

“ Without a courier, travel hasn't a ray of pleasure in it, anywhere; but with him it is a continuous and unruffled delight. He is always at hand, never has to be sent for; if your bell is not answered promptly,—and it seldom is,—you have only to open the door and speak, the courier will hear, and he will have the order attended to or raise an insurrection. You tell him what day you will start, and whither you are going,—leave all the rest to him. You need not inquire about trains, or fares, or car changes, or hotels, or anything else. ”

“ The real fact is that your own bill is sufficiently augmented to cover the courier's expenses, and in some instances he has been known to receive a commission in money in addition to his free living. Make it a part of your contract that he is to act as local guide in the cities you visit; otherwise you will be compelled to employ a guide in each place in addition to your courier. Some of the grand ones refuse to do so, and it is for you to determine whether to engage a man of high notions, or another who is not so exacting. ”

“ At the proper time he will put you in a cab or an omnibus, and drive you to the train or the boat; he has packed your luggage and transferred it, he has paid all the bills. Other people have preceded you half an hour to scramble for impossible places and lose their tempers, but you can take your time; the courier has secured your seats for you, and you can occupy them at your leisure. ”

“ You think they have all the information necessary to guide them in making a good bargain in the beginning of the season, or just as much as the curers have?-Yes. A curer would just be as likely to make a mistake in his arrangements as I would be. The market is so fluctuating that it is possible a curer may go and make a loss. He might possibly make an arrangement with another merchant to sell his fish at a certain fixed price, and there is a possibility of the fish rising after that, and of course I would stand the same chance. ”

“ I wrote you yesterday by a courier employed at great expense to go down to Vera Cruz, but it is very uncertain whether he will get through. All the letters that have been sent to the States for months have been by couriers, who carry 80 to 100 letters, each a very small package, at two dollars per letter, and for the sake of the gain run the gauntlet of the guerrillas and robbers that infest the road. ”

“ For running their carriage down to the shore, the brown confidential courier, whose maxim was, of course, to pay little and charge much, offered the gang of peasants some kreutzers, which amounted, in English currency, to about sixpence. This they refused, and the captain of the party, while arguing with the flint-skinning courier, was actually carried off by our steam-boat, which, like time and tide, waited for no man. The poor fellow, finding that the Italian was immoveable, came aft to the elegant English couple, who were still leaning towards each other like the Siamese boys. ”

“ FORGERY.—Forgery is the false making of an alteration of a writing to the prejudice of another man's right. Forgery may be committed of any writing, which, if changed, would operate as the foundation of another man's liability. Hence a check may be forged, an assignment of a legal claim, an indorsement on any negotiable document, an acceptance of a bill of exchange, a letter of recommendation, a railroad pass or railroad ticket. ”

“ A purser could not receive his warrant till he had served a year or eighteen months as a captain’s clerk, or keeper of the ship’s books. The captain usually appointed his own clerk, or at anyrate recommended his own choice for the appointment. He had therefore considerable power [Pg 102] over his purser, and often shared the plunder that worthy gathered. Before a man could commence duty as a purser he had to sign a bond, giving “two proper and competent persons as his securities.” ”

“ I have not set down half of the virtues that are vested in a good courier, but I think I have set down a sufficiency of them to show that an irritable man who can afford one and does not employ him is not a wise economist. My courier was the worst one in Europe, yet he was a good deal better than none at all. It could not pay him to be a better one than he was, because I could not afford to buy things through him. He was a good enough courier for the small amount he got out of his service. Yes, to travel with a courier is bliss, to travel without one is the reverse. ”

“ ASSIGNMENT OF DUTIES.—The duties under a contract are not assignable under any circumstances. That is, one who owes money or is bound to any performance can not by any act of his own or by any act in agreement with any other person except his creditor, divest himself of liability and substitute the liability of another. ”

“ A housewife will ask him to buy her a bar of soap; a girl will entrust him with the matching of a ribbon; a hotel-keeper will order through him a cask of beer; and so on. The courier is busy throughout the day executing his various commissions, now in one shop, now in another; and on the return journey his cart, hung 92 all over with bulky packages and small,—here a chair, there a broom, here a tin of biscuits—resembles a Christmas-tree. The courier's memory must needs be good and his hand steady, for it is the custom to give him at each house as much as he likes to drink. ”

“ Suppose an employer hires an employee for a year, and in the course of the year the employee at some time or other fails to fulfill his contractual duty as an employee. He is negligent and in some respect fails to comply with his contract to render good and efficient service. Can the employer discharge him? We must ask how serious is the breach. A merely negligent breach of duty is not so serious as one which is wilful. ”

“ Sir Richard beamed at Fay’s enthusiasm. “There’s a courier living in Richmond Hill who has what you want,” said the chief. “This courier has been to—the country north and east of here. From this courier you not only will obtain the little silver greyhound, but also a detailed description of the embassy where the key to the cipher is. I would suggest that you turn the courier’s place of residence off tomorrow night. We’ll give out that you escaped from Dartmoor and entered London in some surprising manner. What would be more natural than you robbing a house for clothes and papers? ”

“ RIGHT OF INSPECTION.—The buyer and seller have certain other implied rights and duties. A right which the buyer always has, in the absence of agreement to the contrary, is a right to inspect the goods, to see that he is getting what he bargained for, before he accepts title and pays the price. He may, however, waive this right of inspection; he may agree to pay the price without seeing what he is getting, and in modern business this is not uncommon. One sort of bargain frequently made contains this term: "Cash against bill of lading." ”