Lane v Cotton et Al
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 17
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Pasch. 12 Will. 3, B. R. Intratur Pasch. 10 Will. 3, Rot. 403. 1 Ld. Raym. 646. Comyns 100.
See S. C. 1 Ld. Raym. 646 (with note).
8. lane versus cotton & al. [Paseh. 12 Will. 3, B. E. Intratur Pasch. 10 Will. 3, Rot. 403. 1 Ld. Eaym. 646. Comyns 100.] [See S. C. 1 Ld. Raym. 646 (with note).] Case against the postmasters-general for Exchequer bills lost out of a letter delivered at the post office at London. Vide the entry in this case. 2 Mod. Iritr. 108. Post, 143, S. C. 5 Mod. 445. Garth. 487. Rep. A. Q. 12. Cases B. R. 472. Holt 582. Sir Robert Cotton and Sir Thomas Frankland were constituted postmasters-general by letters patent, according to the stat. 12 C. 2, 35, for erecting the post-office ; and in the patent there was a power to make deputies, and appoint servants at their will and pleasure, and to take security of them in the name and to the use of the King; and also that the defendants should obey such orders as from time to time should oome from the King, and as to the revenue should obey the orders of the Treasury. Farther, the King grants to them that they should not be chargeable for their officers, but only for their own voluntary default or misbehaviour; and this is granted with a fee of 15001. per annum. The plaintiff Lane, having Exchequer bills, inclosed them in a letter directed to one Jones at Worcester, and delivered it at the post-office at London into the hands of one Breeze, who was appointed by the defendants to receive the letters, and had a salary. The letter was opened in the office by a person unknown, and the Exchequer-bills taken away; and for this an action of the case was brought against the defendants, and on the general issue, the special matter found as is above mentioned. Turtou, Gould, and Powys held the action lay not. 1. Because the office is for intelligence, and not for insurance. 2. Because Breeze is an officer, and he is liable. 3. It is impossible the postmaster-general, who is to execute this office in such distant places, at home and abroad, and at all times, by so many several hands, should be able to secure every thing. 4. Because Exchequer-bills are new things, and this office is not a conveyance for treasure. Holt, C.J. contra. He considered this as a letter lost in the office, and not upon the road; and held the postmaster-general was liable, because the care of the whole is...
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