Blaustein v. Belonski

Adkins, J., delivered the opinion of the Court. The declaration in this case was on the common counts and the following special count, viz: “And for that the plaintiff deposited with the defendant on the 13th day of August, 1917, four hundred and eighty dollars ($480.00) to be transmitted and placed to the credit of the plaintiff in the Government Saving Bank at Moscow, Russia (in rubles), and to get a bank deposit book from- the bank showing the deposit, which the defendants failed to do, and the plaintiff made demands on the defendants for the money, and the defendants refuse to pay.” Defendant pleaded the general issue pleas, and the case was tried by the court without a jury. Plaintiff testified that he took some money to- the defendant’s place of business to buy two thousand rubles. He produced in evidence the following receipt, viz: “Plaintiff’s Exhibit Number 1.

(Translated) “Aug. 13, 1917. “S. Blaustein - and Son, Agts., “821 E. Baltimore Street, “Baltimore, Md. “Received from Titus Belonski $480.00 ($480.00). For foreign money — two thousand rubles. ⁹³ “To be remitted to savings bank in Moscow. “Residence — Moscow. “$480.00. per S. Blaustein & Son. “This remittance will be forwarded to the payee specified,-subject to-the rules and regulations of the Post Office Department used in making the remittance. "No claim whatsoever referring to this remittance will be considered after three months from date of this receipt.” He further testified that he came to the defendant’s office and asked a man he saw there to send some money to the “old country,” and he said yes; that he asked him would he send the money to his country to a bank in Moscow; that he asked how much would two thousand rubles be and he was informed $480; that he was to send two thousand rubles to Russia. This is all the testimony that was offered by plaintiff, so far as the record shows.

The defendant produced Melvin H. Naiman, the manager of their foreign exchange and steamship' department, who testified as