M. C. Heath & Co. v. Postal Telegraph-Cable Co.
Supreme Court of South Carolina
Before Hydrick, J., Richland, March, 1908. Action by M. C. Heath & Co. against Postal Telegraph Cable Co. From judgment for plaintiff, defendant appeals on the following exceptions : I. “That his Honor erred in refusing the motion for a nonsuit, made 'by defendant at the close of plaintiff’s testimony, upon the ground that there was no allegation in the compláint, and no testimony to show that plaintiff either paid or promised to pay anything for the transmission of the…
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Before Hydrick, J., Richland, March, 1908. Action by M. C. Heath & Co. against Postal Telegraph Cable Co. From judgment for plaintiff, defendant appeals on the following exceptions : I. “That his Honor erred in refusing the motion for a nonsuit, made 'by defendant at the close of plaintiff’s testimony, upon the ground that there was no allegation in the compláint, and no testimony to show that plaintiff either paid or promised to pay anything for the transmission of the message, or gave any other consideration, and that his Honor erred in allowing plaintiff to amend his complaint by inserting…
1Opinion of the Court
November 7, 1910. The opinion of the Court was delivered by This is an action to recover damages alleged to have resulted from the erroneous transmission of a telegram. M.C. Heath, one of the plaintiffs in this action filed with the defendant company at its office on the floor of the New York Cotton Exchange, on January 9, 1907, a telegram addressed to the plaintiff firm, reading: "Wired Vick Buy five May for your account. Buy any spots that look reasonable." The telegram as delivered in Columbia, S.C. read: "Wire Vick buy five May for your account. Buy any spots that look reasonable." On…
2Cases cited6 opinions
- Gilliland & Gaffney v. Southern Ry.Supreme Court of South Carolina · 1910
- Harrison v. Western Union Telegraph Co.Supreme Court of South Carolina · 1905
- Frasier v. Charleston & Western Car. Ry.Supreme Court of South Carolina · 1905
- Walker v. Western Union Tel. Co.Supreme Court of South Carolina · 1906
- Balderston v. Western Union Tel. Co.Supreme Court of South Carolina · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brown v. Western Union Telegraph Co.Supreme Court of South Carolina · 1912
- Truauto MC LLC v. Textron Specialized Vehicles IncDistrict Court, D. South Carolina · 2021