Wilcox v. Richmond & D. R. Co.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the District of South Carolina. Affirmed. Statement by Hughes, District Judge: This action was commenced in 1890 by the service of a complaint and summons on the defendant in the court of common pleas for Laurens county, state of South Carolina.
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In Error to the Circuit Court of the United States for the District of South Carolina. Affirmed. Statement by Hughes, District Judge: This action was commenced in 1890 by the service of a complaint and summons on the defendant in the court of common pleas for Laurens county, state of South Carolina. The complaint alleges that plaintiff in error was a physician, attending the sittings of the State Medical Association at Laurens on the 24th of April, 1890; that at 3:45 p. m. of that day he was informed by telegraph of the dangerous illness of his father at Marion Court House, S. C.; that at…
1Opinion of the Court
Hughes, District Judge,
(after stating the facts as above.) The complaint, in setting out the first cause of action, omits several material facts in the case. It alleges only the contract to be conveyed by. a certain time, to *266a certain place, for a certain sum of money paid; the motive of plaintiff for wishing to be conveyed; and the refusal of defendant to convey as desired. The defendant’s refusal to guaranty arrival by the required time; the plaintiff’s refusal to be conveyed except with such guaranty; the defendant’s proffer of the money in return, after the plaintiff’s refusal to be…
2Cases cited2 opinions
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- Francis v. Western Union Telegraph Co.Supreme Court of Minnesota · 1894
- Beaulieu v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Corcoran v. Postal Telegraph-Cable Co.Washington Supreme Court · 1914
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