Dodd Grocery Co. v. Postal Telegraph-Cable Co.
Supreme Court of Georgia
Action, for damages. Before Judge Lumpkin. Fulton superior court. February 3, 1900. The Dodd Grocery Company sued the Postal Telegraph-Cahle Company for $170.80 as damages for failing to transmit and deliver a telegraphic message within a reasonable time.
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Action, for damages. Before Judge Lumpkin. Fulton superior court. February 3, 1900. The Dodd Grocery Company sued the Postal Telegraph-Cahle Company for $170.80 as damages for failing to transmit and deliver a telegraphic message within a reasonable time. The petition alleged, in substance, that on April 20, 1898, William Henderson of New Orleans telegraphed to J. H. Andrews, a merchandise broker of Atlanta, authorizing him “to sell two hundred barrels of sugar at a certain price named in said telegram;” that Andrews at once “submitted to [petitioner] the proposition contained therein; . .…
1Opinion of the CourtFish, J.
1. The petition is very loosely drawn, but it can be gathered from its allegations that plaintiff, through its agent, on April 20, 1898, delivered a message to the defendant at its Atlanta office, to be at once transmitted to William Henderson at New Orleans, Louisiana, accepting his offer to sell two hundred barrels of sugar at “a certain price.” That plaintiff paid defendant to send such message, but that defendant failed to transmit and deliver it within a reasonable time. That there existed a custom of trade in such transactions, known and recognised by Henderson and the plaintiff, that…
2Cases cited4 opinions
- Western Union Telegraph Co. v. FatmanSupreme Court of Georgia · 1885
- Woodruff v. McGeheeSupreme Court of Georgia · 1860
- Spain v. Beach & SonSupreme Court of Georgia · 1874
- Watertown Steam Engine Co. v. Palmer Bros.Supreme Court of Georgia · 1890
3Cited by8 opinions
- Mills v. Western Union Telegraph Co.Supreme Court of Georgia · 1905
- United States Fidelity & Guaranty Co. v. Coastal Service, Inc.Court of Appeals of Georgia · 1961
- Propeller Tow-Boat Co. v. Western Union Telegraph Co.Supreme Court of Georgia · 1905
- Purdom Naval Stores Co. v. Western Union Telegraph Co.U.S. Circuit Court for the Southern District of Georgia · 1907
- Lawyers Title Insurance v. Noland Co.Court of Appeals of Georgia · 1976
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