F. W. Brockman Commission Co. v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from St. Francois Circuit Court. — Hon. Peter H. Huck, 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. Sec. 3330, R. S. 1909; 27 Am. & Eng. Eney., 1086; 37 Cyc., 1704'; Jones on Tel. & Tel. Cos., sec. 643; Joyce on Electric Law, sec. 848; Adcox v. Western Union Tel. Co., 171 Mo. App. 331; Eddington v. Western Union Tel. Co., 115 Mo.
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Appeal from St. Francois Circuit Court. — Hon. Peter H. Huck, 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. Sec. 3330, R. S. 1909; 27 Am. & Eng. Eney., 1086; 37 Cyc., 1704'; Jones on Tel. & Tel. Cos., sec. 643; Joyce on Electric Law, sec. 848; Adcox v. Western Union Tel. Co., 171 Mo. App. 331; Eddington v. Western Union Tel. Co., 115 Mo. App. 97; Wood v. Western Union Tel. Co., 59 Mo. App. 241; Western Union Tel. Co. v. Ryals, 94 Ga. 336; Langley v. Western…
1Opinion of the CourtAllen, J.
This is an action to recover the penalty imposed by section 3330, Eevised Statutes 1909, for the alleged failure of the defendant telegraph company to promptly transmit and deliver a telegram sent from the city of St. Louis to Farmington, Missouri.
Plaintiff, in its petition, averred the delivery of a certain telegram to defendant at its St. Louis office, to he transmitted to the addressee at Farmington, the tender and payment to defendant of the usual' charges for transmitting and delivering such a message, as established by the rules and regulations of defendant, and the acceptance of the…
2Cases cited13 opinions
- Connell v. Western Union Telegraph Co.Supreme Court of Missouri · 1891
- Western Union Telegraph Co. v. MosslerIndiana Supreme Court · 1884
- Eddington v. Western Union Telegraph Co.Missouri Court of Appeals · 1905
- Bradshaw v. Western Union Telegraph Co.Missouri Court of Appeals · 1910
- Adcox v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hutcherson v. ThompsonSupreme Court of Missouri · 1938
- Held v. Western Union Telegraph Co.Missouri Court of Appeals · 1915
- Nasep v. Western Union Telegraph Co.Missouri Court of Appeals · 1914
- Ward v. Western Union Telegraph Co.Missouri Court of Appeals · 1932
- Moran v. Western Union Telegraph Co.Missouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.