Western Union Telegraph Co. v. Citizens' Bank
Supreme Court of Arkansas
Appeal from Boone Circuit Court; J. M. Shinn, Judge; STATEMENT OE EAOTS. The Citizens’ Bank of Harrison, Arkansas, and W. S. Pettit, sued the Western Union Telegraph Company for damages caused by its receipt and delivery of an unauthorized message. On September 4, 1917, an attorney went to W. S. Pettit, the cashier of the Citizens’ Bank of Harrison, Arkansas, with regard -to having the bank sign a bond to replevin a car load of junk at Crickett, Arkansas.
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Appeal from Boone Circuit Court; J. M. Shinn, Judge; STATEMENT OE EAOTS. The Citizens’ Bank of Harrison, Arkansas, and W. S. Pettit, sued the Western Union Telegraph Company for damages caused by its receipt and delivery of an unauthorized message. On September 4, 1917, an attorney went to W. S. Pettit, the cashier of the Citizens’ Bank of Harrison, Arkansas, with regard -to having the bank sign a bond to replevin a car load of junk at Crickett, Arkansas. The cashier told the attorney that he would have to have instructions from someone to protect the bank and himself. The attorney replied…
1Opinion of the CourtHart, J.
(after stating the facts). With regard to the duties of telegraph companies in the case of a forged message, it is generally held that, in the absence of notice of facts or circumstances which would awaken inquiry and arouse suspicion in the mind of a person of ordinary prudence in a like situation regarding the authority of the person who presents a message for transmission to send it, the exercise by a telegraph company of reasonable care to receive and transmit genuine and authorized messages only does not require it to investigate or ascertain the identity or authority to send it of the…
2Cases cited3 opinions
- Western Union Telegraph Co. v. ShortSupreme Court of Arkansas · 1890
- Western Union Telegraph Co. v. TottenCourt of Appeals for the Eighth Circuit · 1905
- Little Rock & Fort Smith Telegraph Co. v. DavisSupreme Court of Arkansas · 1883
3Cited by2 opinions
- Wise v. Western Union Telegraph Co.Superior Court of Delaware · 1934
- Western Union Telegraph Co. v. First State Bank & Trust Co.Court of Appeals of Texas · 1922