Taggart v. Western Union Telegraph Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Western Union Telegraph Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 31st day of May, 1921, denying its motion for judgment on the pleadings in favor of the plaintiff for nominal' damages only, with costs of the motion to the defendant.
1Opinion of the Court
Greenbaum, J.:
The complaint alleges that the defendant is a domestic corporation engaged in the “ telegraphing of communications and money; ” that on or about the 6th day of November, 1920, the plaintiff caused to be paid to the defendant by check the sum of $502.44, with instructions to telegraph the sum of $500 to him at the Southern Hotel, Baltimore, Md.; that the plaintiff’s representative at the time he paid the defendant the $502.44 duly signed a waiver of identification and directed the defendant that the plaintiff should not be required to produce positive evidence of identity, but to…
2Cases cited2 opinions
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- McColl v. Western Union Telegraph Co.The Superior Court of New York City · 1878
3Cited by3 opinions
- Western Union Telegraph Co. v. HallCourt of Appeals for the Fourth Circuit · 1923
- Bostelman v. Western Union Telegraph Co.New York Supreme Court · 1942
- Schafer v. RickardNew York City Court · 1928