Basila v. Western Union Telegraph Co.

CLAYTON, District Judge.

This action to recover $5,000 damages, brought in the circuit court of the eleventh judicial circuit of Florida, was removed by the defendant to this court.

The first count of the declaration is for a breach of contract; the other three being the common counts for money had and received. To each count the defendant pleaded the general issue; that the money in question was paid to the defendant under a contract which the defendant had fully performed ; and, for a third plea, what is termed the connecting carrier defense. During the trial the plaintiff amended his…