Smith-Frazier Boot & Shoe Co. v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) Appellant was damaged by respondent’s gross negligence in not delivering the message from appellant to its attorney, M. M. Fuller, October 31, 1887, to the amount of the value of the property left after satisfying the first five attachments and costs therein. Bliss v. Tel. Co., 30 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) Appellant was damaged by respondent’s gross negligence in not delivering the message from appellant to its attorney, M. M. Fuller, October 31, 1887, to the amount of the value of the property left after satisfying the first five attachments and costs therein. Bliss v. Tel. Co., 30 Mo. App. 103; Radley v. Baxendale, 9 Exch. 341; 3 Sutherland on Damages [1882 Ed.] p. 298, hot. pp. 305, 306; Griffin v. Colver, 16 N. T. 489; Abeles v. Tel. Co., 37 Mo. App. 554. (2) Appellant did not -know of the non-delivery of the message,…
1Opinion of the CourtGill, J.
In October, 1887, plaintiff was engaged in tbe wholesale boot and shoe business at St. Joseph, Missouri, and as such had a claim against one C. K. Brown, a retail dealer at the town of Ellis, in Ellis county, Kansas. On the thirty-first day of said October, the plaintiff, being informed that Brown had absconded, deposited a telegram with defendant at its office in St. Joseph, directed to Puller, the plaintiff’s attorney at Ellis, wherein he, Puller, was instructed to attach the goods of said Brown.' By other telegrams, too, plaintiff arranged for security on the attachment bond. The telegram…
2Cases cited2 opinions
- Thompson v. Chicago & Alton RailroadMissouri Court of Appeals · 1886
- Massengale v. Western Union Telegraph Co.Missouri Court of Appeals · 1885
3Cited by4 opinions
- Thorp v. Western Union Telegraph Co.Missouri Court of Appeals · 1906
- Kendall v. Western Union Telegraph Co.Missouri Court of Appeals · 1894
- Kirby v. Western Union Telegraph Co.South Dakota Supreme Court · 1895
- Western Union Telegraph Co. v. GreerTennessee Supreme Court · 1905