Legal Opinion

Ex parte Western Union Telegraph Co.

Supreme Court of Alabama

Decided June 30, 1913PublishedCited by 12 opinions

Certiorari to Court of Appeals. The Jackson Lumber Company brought its action against the Western Union Telegraph Company, for damages for a mistake in the delivery of a message, and judgment having been rendered for defendant, plaintiff appealed to the Court of Appeals Avhere the judgment of the trial court was reversed and remanded. The defendant seeks by certiorari to- review the judgment of the Court of Appeals (7 Ala.

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Certiorari to Court of Appeals. The Jackson Lumber Company brought its action against the Western Union Telegraph Company, for damages for a mistake in the delivery of a message, and judgment having been rendered for defendant, plaintiff appealed to the Court of Appeals Avhere the judgment of the trial court was reversed and remanded. The defendant seeks by certiorari to- review the judgment of the Court of Appeals (7 Ala. App. 644; 62 South. 266). The telegraph company was not the agent of the sender in such sort that the sender is bound by the terms of the telegram as delivered to the…

1Opinion of the CourtAnderson, J.

— It may be conceded, as contended by petitioner’s counsel, that the assignee of a chose in action acquires no greater rights than the assignor had at the time of the assignment, and that the voluntary payment and discharge of a debt operates as its ex-tinguishment ; yet we do not construe the opinion of the Court of Appeals, in this case, as being in conflict with these well known principles. As we understand said holding, it was to the effect that, notwithstanding the date of the assignment by the Fairbanks Company to the Jackson Lumber Company was subsequent to the payment to the former…

2Cases cited2 opinions

  1. Ex parte WilliamsSupreme Court of Alabama · 1913
  2. Ex parte LivingstonSupreme Court of Alabama · 1913

3Cited by12 opinions

  1. Postal Tel. Cable Co. v. MinderhoutSupreme Court of Alabama · 1916
  2. Campbell v. StateSupreme Court of Alabama · 1927
  3. Kirkwood v. StateSupreme Court of Alabama · 1913
  4. Smith v. StateSupreme Court of Alabama · 1933
  5. Milazzo v. StateSupreme Court of Alabama · 1939

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