Western Union Telegraph Co. v. Reeves
Court of Appeals of Texas
Appeal from the County Court of Grayson. Tried below before Hon. E. P. Gregg. 1. The declarations of the agent made after the message had been transmitted, and not in connection with its acceptance or transmission, are not competent against his principal, the defendant company. Bailway v. Garrett, 52 Texas, 133; Gray’s Com. by Tel., sec. 137; Thomp. on Elec., sec. 458; Abb. Trial Ev., sec. 51; Bank v. Bank, 60 N. Y., 278; Grinnell v. Tel. Co., 113 Mass., 299, 307; Tel.
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Appeal from the County Court of Grayson. Tried below before Hon. E. P. Gregg. 1. The declarations of the agent made after the message had been transmitted, and not in connection with its acceptance or transmission, are not competent against his principal, the defendant company. Bailway v. Garrett, 52 Texas, 133; Gray’s Com. by Tel., sec. 137; Thomp. on Elec., sec. 458; Abb. Trial Ev., sec. 51; Bank v. Bank, 60 N. Y., 278; Grinnell v. Tel. Co., 113 Mass., 299, 307; Tel. Co. v. Gildersleeve, 29 Md., 232; Bobinson v. Bail way, 7 Gray (Mass.), 92; Moore v. Kennedy, 81 Texas, 144; Mow. and Beap.…
1Opinion of the Court
LIGHTFOOT, Chief Justice.
The following statement is substantially correct:
On November 9, 1889, appellees, Reeves & McGlasson, instituted their suit in the County Court of Grayson County against appellant. On June 28, 1890, appellees filed their first amended original petition in said suit, in which it was alleged that on September 30, 1889, plaintiffs were the owners of 357 bales of cotton, which were then at Whitewright, in Grayson County; that in order to sell said cotton, plaintiff McGlasson on said day went to the city of Paris, Texas, with the understanding between him and his…
2Cases cited9 opinions
- Western Union Telegraph Co. v. LinnTexas Supreme Court · 1894
- Womack v. W. U. Tel. Co.Texas Supreme Court · 1882
- Western Union Telegraph Co. v. NeillTexas Supreme Court · 1881
- W. U. Tel. Co. v. EdsallTexas Supreme Court · 1885
- Western Union Telegraph Co. v. H. Sheffield & SonTexas Supreme Court · 1888
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3Cited by1 opinion
- Western Union Telegraph Co. v. WilsonCourt of Appeals of Texas · 1913