Western Union Telegraph Co. v. Aubrey
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. Grant Green, Jr., Judge. STATEMENT BY THE COURT. This was an action brought by Aubrey against the Western Union Telegraph Company to recover damages alleged to have been sustained by him, by reason of an error in transmitting a cipher telegram from Cowen & Co. to him.
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Appeal from Phillips Circuit Court. Grant Green, Jr., Judge. STATEMENT BY THE COURT. This was an action brought by Aubrey against the Western Union Telegraph Company to recover damages alleged to have been sustained by him, by reason of an error in transmitting a cipher telegram from Cowen & Co. to him. The complaint alleges that in April, 1893, Cowen & Co. delivered to the Telegraph Company at Memphis, for transmission to Aubrey at Helena, the following telegram : ‘ ‘ Mitchell has eat bluebird tinged staple on factor’s table here. We find ten rough deep stains, and ten good grade white…
1Opinion of the Court
Hughes, J.,
‘Inability for mistake in telegram.
(after stating the facts). There was no evidence that Cowen & Co. refused, or would have refused, to take the cotton at what they had offered for it, 7| cents per pound, and it is apparent that at this price the appellee would have lost nothing. But he chose to hold the cotton, and afterwards sold it at cents, and for the loss he sustained thereby the appellant is not liable. Had he delivered the cotton to Cowen & Co. at their offer, 7f cents per pound, be would have realized a profit of 1-16 of a cent per pound on the 39 bales he bought from…
2Cited by6 opinions
- Dilley v. ThomasSupreme Court of Arkansas · 1913
- Baker v. ArmstrongSupreme Court of Arkansas · 1981
- Harris v. Western Union Telegraph Co.Supreme Court of Arkansas · 1918
- William Angel, Patricia Belk, Dorothy Brown, Robert Brown, Anthony Buggs, Jean Carter, Alberta Cartwright, Eugene Cartwright, Frances Louise Crawford, Beatrice Eaton, Queen Ester Ross, Pearlie Franklin, Rosetta Fuller, Verna Hickey, Barbara Marshall, Shamekia Marshall, Nathaniel Martin, Linda Sanders, Bobby Lee Smith, Felisa Stokes, Kattie Mae Taylor, Fannie Lee Washington, Martha Washington, Gloria Webster, and Claude Wilborn v. Helena Renaissance 1, L.P. Pioneer Property Management, Inc. Gail Wade And Cornelius BorumCourt of Appeals of Arkansas · 2023
- Hocutt v. . Telegraph Co.Supreme Court of North Carolina · 1908
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