Altman v. Western Union Telegraph Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by Philip E. Altman against the Western Union Telegraph Company for error in sending a message. Judgment for plaintiff for $40.80, and defendant appeals. Reversed.
1Opinion of the CourtClarke, J.
Plaintiff, a traveling salesman for S. Cohen & Co., of this city, was at the Boody House in Toledo, Ohio, with his trunk of samples, when he received a telegram from his house ordering him home. This was some time on Saturday morning. He wrote out on one of the defendant’s blanks a telegram as follows: “S. Cohen & Co. 78 Walker St. New York City. Wire me twenty dollars immediately Altman.” The signature was not plain and distinct. It can be read as plainly “A. H. May” as “Altman.” It was delivered at the store of S. Cohen & Co., with reasonable dispatch, at about 2:30 p. m. of the same…
2Cases cited2 opinions
- Kiley v. . Western Union Telegraph Co.New York Court of Appeals · 1888
- Ayres v. Western Union Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Fields v. Western Union Telegraph Co.Oregon Supreme Court · 1913