Huntley v. Whittier

Summary

The court held that depositing a letter in the post office addressed to a merchant at the merchant’s place of business is prima facie evidence that the letter was received in the ordinary course of mail. This inference is rebuttable and must be weighed by the jury with other evidence, with the burden of proving receipt remaining on the party asserting it.

Holdings

1. Depositing a letter in the post office addressed to a merchant at his place of business is prima facie evidence that the merchant received it in the ordinary course of the mails.
2. The inference arising from mailing is not a conclusive presumption of law but a rebuttable inference of fact that must be weighed by the jury with all other circumstances.
3. The burden of proving receipt remains throughout on the party who asserts that the letter was received.

Questions Presented

1. Whether mailing a letter addressed to a merchant at his place of business constitutes prima facie evidence that the merchant received it in the ordinary course of the mails.
2. Whether the mailing-based inference is a conclusive presumption of law or a rebuttable inference of fact for the jury.
3. Whether the jury instructions correctly placed the burden of proving receipt on the party asserting receipt.

Disposition

affirmed