Hasbrouck & McCulloch v. Western Union Telegraph Co.
Supreme Court of Iowa
Appeal from Wayne District Court. — Hon. H. M. Townee, Judge. 1 The plaintiff firm is doing a banking business at Humeston, Iowa. It field a note for tfiree thousand six hundred dollars against W. H. Henderson of Fairfield, Iowa. About September 4,1895, it sent its agent (one E. O. Poston) to Fairfield to settle and adjust the claim with Henderson.
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Appeal from Wayne District Court. — Hon. H. M. Townee, Judge. 1 The plaintiff firm is doing a banking business at Humeston, Iowa. It field a note for tfiree thousand six hundred dollars against W. H. Henderson of Fairfield, Iowa. About September 4,1895, it sent its agent (one E. O. Poston) to Fairfield to settle and adjust the claim with Henderson. On September 4tfi, Poston delivered to the defendant’s agent at Fairfield a telegram as follows: “Fairfield, Iowa, September 4, 1895. To Hasbrouck & McCulloch, Humeston, Iowa: Has stock twelve hundred dollars. Mortgage on for fifteen hundred…
1Opinion of the CourtGranger, J.
*1632 *162I. It is not contended that, independem. of the telegraphic correspondence, Poston had authority to make the settlement; and the first proposition argued is this: “Did the dispatch written at Fairfield, taken in connection with the reply which Poston received thereto, constitute apparent authority on his part to effect the settlement which he did, or was he justified in drawing that conclusion ?” It seems to us that the proposition is very fairly stated to test the legal question involved. It probably will not be disputed *163that there must have been, a binding settlement with Henderson, before…
2Cases cited4 opinions
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
- State Insurance v. JamisonSupreme Court of Iowa · 1890
- St. Francis Mill Co. v. SuggSupreme Court of Missouri · 1898
- Beymer v. McBrideSupreme Court of Iowa · 1873
3Cited by14 opinions
- State v. MosleySupreme Judicial Court of Maine · 1934
- Barker v. Western Union Telegraph Co.Wisconsin Supreme Court · 1908
- Larson v. ThomaSupreme Court of Iowa · 1909
- Star-Chronicle Pub. Co. v. New York Evening Post, Inc.Court of Appeals for the Second Circuit · 1919
- Younker v. Western Union Telegraph Co.Supreme Court of Iowa · 1910
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