EXHIBIT 5 [Letterhead of American Express Company] May 14, 1998 Securities and Exchange Commission 450 Fifth Street, N.W. Washington, D.C. 20549 Re: American Express Company 1998 Incentive Compensation Plan Ladies and Gentlemen: I am Group Counsel of American Express Company (the "Company"), and I have represented the Company in connection with the preparation of the Registration Statement on Form S-8 of the Company relating to 52,970,000 Common Shares, par value $.60 per share (the "Common Shares"), of the Company being registered for offer and sale pursuant to the 1998 Incentive Compensation Plan (the "Plan")(which includes 17,970,000 shares registered but not issued under the Company's 1989 Long-Term Incentive Plan). I or members of my staff have examined the Certificate of Incorporation, as amended, and the By-laws of the Company, the Plan and such other corporate documents and records as I have deemed necessary in order to render the opinion set forth below. Based upon the foregoing, and subject to the qualification that I am admitted to the practice of law only in the State of New York and do not purport to be expert in the laws of any jurisdiction other than the State of New York and the United States, I am of the opinion that: 1. The Company is a corporation duly organized and validly existing under the laws of the State of New York. 2. In the case of Common Shares delivered in respect of an award of restricted stock, when such shares have been delivered in accordance with and pursuant to the terms of the Plan, such shares will be validly issued and, when the restrictions on the transfer of such shares and the Company's option to cancel or repurchase have expired, all as provided in the Plan, such shares will be fully paid and nonassessable. 3. In the case of Common Shares delivered upon the exercise of stock options and delivered in respect of stock appreciation rights and performance grants or other awards that may be made pursuant to the terms of the Plan, when such shares have been delivered in accordance with and pursuant to the terms of the Plan, such shares will be validly issued and, subject to any restrictions on such shares that the Compensation and Benefits Committee of the Company's Board of Directors in its discretion may impose pursuant to the Plan, will be fully paid and nonassessable. Securities and Exchange Commission May 14, 1998 Page Two I hereby consent to the filing of this opinion as an exhibit to the Registration Statement and the reference to me in Item 5 of the Registration Statement. Very truly yours, /s/ Douglas H. Daniels Douglas H. Daniels Group Counsel