Cothran & Co. v. Western Union Telegraph Co.
Supreme Court of Georgia
Contracts. Futures. Damages. Telegraph companies. Before Judge Maddox. Floyd superior court. September term, 1888. Cothran & Co. sued the Westérn Union Telegraph Co., in a magistrate’s court, for damages alleged to have been sustained by the omission, by the carelessness of defendant’s agent, of the word “ sell ” from the following telegram : “Check. 6 p. m. 30 paid Mch. Rome, Ga., 10 Meh., 1887. (8) To S. TI.
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Contracts. Futures. Damages. Telegraph companies. Before Judge Maddox. Floyd superior court. September term, 1888. Cothran & Co. sued the Westérn Union Telegraph Co., in a magistrate’s court, for damages alleged to have been sustained by the omission, by the carelessness of defendant’s agent, of the word “ sell ” from the following telegram : “Check. 6 p. m. 30 paid Mch. Rome, Ga., 10 Meh., 1887. (8) To S. TI. Phelan, Atlanta, Ga.: Close hundred barrels May pork continue instructions remainder sell fifty bags June coffee all to days close close four thousand bushels short May wheat if reaches…
1Opinion of the Court
Bleckley, Chief Justice.
The facts in detail will be found in the official report. It is quite apparent from the face of the dispatch, and from the evidence on the trial, that the transaction contemplated by the senders of the dispatch 'was a dealing in “futures.” The court below, so construing the evidence, granted a nonsuit, and we are called upon to say whether that disposition of the case was correct. We think it was. It may' be that on account of the error in transmitting the dispatch, the plaintiffs would *28be entitled to recover what they paid for the transmission,—that is, the…
2Cases cited2 opinions
- Western Union Telegraph Co. v. Blanchard, Williams & Co.Supreme Court of Georgia · 1882
- National Bank v. CunninghamSupreme Court of Georgia · 1886
3Cited by9 opinions
- City of Louisville v. WehmhoffCourt of Appeals of Kentucky · 1903
- Singleton v. Bank of MonticelloSupreme Court of Georgia · 1901
- Weaver v. CarterSupreme Court of Georgia · 1897
- Gist v. Telegraph Co.Supreme Court of South Carolina · 1895
- Gray v. Western Union Telegraph Co.Supreme Court of Georgia · 1891
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