Melson v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. Nothing on the face of this message indicated, nor did the evidence show, that the company was informed that any transaction concerning the sale of a horse was involved; there was nothing to indicate that the message related to business at all.
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Appeal from the Macon Circuit Court. — Hon. Andrew Ellison, Judge. Nothing on the face of this message indicated, nor did the evidence show, that the company was informed that any transaction concerning the sale of a horse was involved; there was nothing to indicate that the message related to business at all. On the contrary, the message by its form, expressed as it was "subjunctively and conditionally, indicated that the addressee might or might not come; and there was no evidence showing what relations existed between sender and addressee, or what their positions were. Under these…
1Opinion of the CourtEllison, J.
This is an action for dam ages alleged to have resulted to plaintiff on account of the defendant failing to deliver the following dispatch: “B. P. Rutledge, Clarence, Mo. If possible come to Shelbina in the morning. J. H. Melson.” The plaintiff recovered judgment for $200 damages.
statement. The case shows that the message was sent late in the afternoon and that it was sent from the sending office and received at the receiving office 0£ ^he defendant promptly, but that by negligence the defendant’s agent failed tó deliver to plaintiff for nearly three days, at which time the utility and…
2Cases cited7 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Lee v. Western Union Telegraph Co.Missouri Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hicks v. National Surety Co.Missouri Court of Appeals · 1913
- Jacobs v. Western Union Telegraph Co.Missouri Court of Appeals · 1917
- Kerns v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
- Howell v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1913
- Clark v. Western Union Telegraph Co.Missouri Court of Appeals · 1931
1 more not listed; retrieve them via the Exa API.