Western Union Telegraph Co. v. Meredith

This action is for the recovery of the statutory penalty for a failure to transmit and deliver a message sent by the appellee to a person in Kansas City, Missouri.

The objection urged against the complaint, that it does not set out a copy of the message,-is without force. The message is not the foundation of the action, and, therefore, not within the provisions of the statute requiring written instruments to be filed with the pleading.

*94The answer of the appellant sets forth the contract between the parties, from which it appears that it was expressly-agreed that there should be no…