Lowery v. Western Union Telegraph Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff. This action was brought to recover damages for a loss alleged to have resulted from defendant’s negligence.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff. This action was brought to recover damages for a loss alleged to have resulted from defendant’s negligence. One D. A. Brown delivered at defendant’s office at Chicago, a message to be sent to plaintiff at Rochester, requesting the latter to send to him $500. The message was changed through the negligence of defendant’s employes, so that it read, when it reached plaintiff, $5,000, which sum on receipt plaintiff, supposing the message accurate, sent to…
1Opinion of the CourtAndrews, J.
That there was negligence on the part of the defendant in changing the message before delivery, from a request by Brown that the plaintiff should send him $500, to a request for $5,000, is found by the referee, and the finding is fully justified by the proof; and that the plaintiff acted upon the message as delivered, and sent the $5,000 to *201Brown, who afterward absconded having appropriated the money to his own use, is also established. It is clear, also, that except for the negligent mistake of the defendant, the loss would not have happened, or, at most, it would not have exceeded the sum…
2Cases cited2 opinions
- President of the Salem Bank v. President of the Gloucester BankMassachusetts Supreme Judicial Court · 1820
- Johnson v. PeopleNew York Supreme Court · 1847
3Cited by3 opinions
- Stone v. JenisonMichigan Supreme Court · 1897
- Slyck v. WarnerAppellate Division of the Supreme Court of the State of New York · 1907
- Hayes v. BeardsleyNew York Supreme Court · 1892