Western Union Tel. Co. v. Heathcoat
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Movie Heathcott against the Western Union Telegraph Company. Judgment for. plaintiff. Defendant appeals. The plaintiff filed replications 3. and 4; but, as demurrer was sustained to replication 3, and it is not shown to have been amended, it is not necessary to here set it out.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Movie Heathcott against the Western Union Telegraph Company. Judgment for. plaintiff. Defendant appeals. The plaintiff filed replications 3. and 4; but, as demurrer was sustained to replication 3, and it is not shown to have been amended, it is not necessary to here set it out. Replication 4 was as follows: “Plaintiff, for replication to the '-third plea of defendant, sets down and assigns the. following: The defendant, by and through its agents, waived the terms alleged to be -on the back of the message blank…
1Opinion of the Court
DENSON, J. —
The complaint contained two counts, hut the court charged affirmatively in favor of defendant in respect to'the second count. The first count is ex contractu, and claims damages fox» the breach of a contract to deliver a message, which, it is alleged, was given to the defendant in Birmingham, Ala., to be transmitted by electricity to Chattanooga, Tenn., and there to be delivered to the plaintiff.
The general issue was pleaded, and also a special plea numbered 3. The special plea sets up in defense of the action a clause or condition in the contract in these words: “The company will…
2Cases cited23 opinions
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Tennessee Coal, Iron & Railroad v. HerndonSupreme Court of Alabama · 1893
- Western Union Telegraph Co. v. Blanchard, Williams & Co.Supreme Court of Georgia · 1882
- Clardy v. WalkerSupreme Court of Alabama · 1901
18 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908
- Birmingham Railway, Light & Power Co. v. HumphriesSupreme Court of Alabama · 1911
- Western Union Tel. Co. v. ClevelandSupreme Court of Alabama · 1910
- Western Union Tel. Co. v. TatumAlabama Court of Appeals · 1950
9 more not listed; retrieve them via the Exa API.