Breese v. United States Telegraph Co.
New York Supreme Court
CONTROVERSY without action, submitted under section 372 of the Codé. The following are the facts: On the 16th of March, 1865, George W. Cuyler, president of the First National Bank of Palmyra, acting for the plaintiffs, presented to the defendant, a corporation duly incorporated, and engaged in the business of transmitting messages and dispatches by electric telegraph for hire, over its line of wires, extending from the city of New York northwardly and westwardly, at its…
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CONTROVERSY without action, submitted under section 372 of the Codé. The following are the facts: On the 16th of March, 1865, George W. Cuyler, president of the First National Bank of Palmyra, acting for the plaintiffs, presented to the defendant, a corporation duly incorporated, and engaged in the business of transmitting messages and dispatches by electric telegraph for hire, over its line of wires, extending from the city of New York northwardly and westwardly, at its office in Palmyra, a certain dispatch written upon the ordinary blank of the defendant, and requested the same to be…
1Opinion of the Court
By the Court, Johnson, J.
It must be held, I think, that the printed heading to the paper on which the message, delivered to the defendant for transmission, was written, was, under the circumstances, something more than a mere notice to the plaintiffs’ assignor, by whom such message was writ- . ten, signed and delivered. Before the message was written under it, and signed, and delivered to the defendant, it was a general proposition to all persons desiring to send messages by the defendant’s peculiar means of transmission, or conveyance, of the terms and conditions upon which such messages…
2Cases cited1 opinion
- Bissell v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
3Cited by13 opinions
- Western Union Telegraph Co. v. CarewMichigan Supreme Court · 1867
- Sweatland v. Ill. & Miss. Telegraph Co.Supreme Court of Iowa · 1869
- Western Union Telegraph Co. v. NeillTexas Supreme Court · 1881
- Pearsall v. Western Union Telegraph Co.New York Court of Appeals · 1891
- Western Union Telegraph Co. v. Reynolds Bros.Supreme Court of Virginia · 1883
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