Feiber v. Manhattan Dist. Tel. Co.
New York Court of Common Pleas
Appeal from Fourth district court. Action to recover the value of goods delivered by a messenger of defendant, the Manhattan District Telegraph Company, contrary to instructions of the sender. Plaintiff appeals.
1Per curiam
Though the defendant was organized under the act of 1848, entitled “An act to provide for the incorporation and regulation of telegraph-companies,” it had in its service messengers whose business it was to carry parcels for those who desired to employ it in that work. It is a necessary incident to that business, that the messengers shall receive and carry out the instructions of the senders of the parcels respecting the delivery. If the sender instruct the messenger not to deliver a parcel except on the happening of a certain event, the messenger has no right to disregard that direction. It…
2Cases cited1 opinion
- Tooker v. GormerNew York Court of Common Pleas · 1858
3Cited by3 opinions
- DiPietro v. LavigneSupreme Court of New Hampshire · 1954
- Blasi v. Western Union Telegraph Co.City of New York Municipal Court · 1922
- Roediger v. KraftNew York Supreme Court · 1915