Nasep v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Eon. W. 8. C. Walker, Judge. (1) The charges for sending the message were not paid by the plaintiff at the time of tendering the message for transmission and hence plaintiff is not entitled to the penalty. See. 3330, R. S. 1909; Eddington v. Western Union, 115 Mo. App. 93 ; Adcox v. Western Union, 171 Mo. App. 331; Brockman Com.
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Appeal from Stoddard Circuit Court. — Eon. W. 8. C. Walker, Judge. (1) The charges for sending the message were not paid by the plaintiff at the time of tendering the message for transmission and hence plaintiff is not entitled to the penalty. See. 3330, R. S. 1909; Eddington v. Western Union, 115 Mo. App. 93 ; Adcox v. Western Union, 171 Mo. App. 331; Brockman Com. Co. v. Western Union, 163 S. W. 920. (2) The evidence does not sustain the charge and finding of failure to make prompt delivery within the meaning of the statute. Sec. 3330, R. S. 1909. (3) The instruction given does not submit…
1Opinion of the Court
NORTON!, J.
This is a suit for the penalty of $300 prescribed by section 3330, Revised Statutes 1909 for the default of defendant telegraph company in transmitting a message. Plaintiff recovered and defendant prosecutes the appeal.
It appears plaintiff is an oculist, practicing his profession at Bloomfield, Missouri and the Western Optical Company is engaged in selling optical supplies in the city of St. Louis. Desiring to purchase some such supplies from the Western Optical Company., plaintiff prepared the following telegram for transmission from Bloomfield, Missouri, and delivery to the…
2Cases cited2 opinions
- Adcox v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
- F. W. Brockman Commission Co. v. Western Union Telegraph Co.Missouri Court of Appeals · 1914
3Cited by2 opinions
- Held v. Western Union Telegraph Co.Missouri Court of Appeals · 1915
- Moran v. Western Union Telegraph Co.Missouri Court of Appeals · 1915