Cowen V Pressprich

19 N.Y.S. 242 reversed, 194 N.Y.S. 926 (1922)

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Nature of the Case

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Facts

Cowen (P) sent a runner to make delivery of a bond that had been sold to Pressprich (D). The bond was of an Oregon Short Line, and by mistake, the runner took an Oregon & California R.R. bond. The slip that described the delivery was for the Oregon Short Line. D's clerk noticed the discrepancy between the bond and the slip and then shouted out to the lobby looking for the runner to make his statement agree to the bond and handed the bond and the slip to what he thought was P's runner but was some other runner. The 'runner' then took them and left, and the bond was never recovered. At the close of evidence, D requested a directed verdict; that was denied. The court then found for P and D appealed.