Lowery v. . Western Union Telegraph Co.
New York Court of Appeals
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] That there was negligence on the part of the defendant in changing the message before delivery, from a request by Brown that the plaintiff should send him $500, to a request for $5,000, is found by the referee, and the finding is fully justified by the proof; and that the plaintiff acted upon the message as delivered, and sent the $5,000 to Brown, who afterward absconded having appropriated the money to his own use, is also established. It is clear, also, that…
2Cases cited2 opinions
- President of the Salem Bank v. President of the Gloucester BankMassachusetts Supreme Judicial Court · 1820
- Johnson v. PeopleNew York Supreme Court · 1847
3Cited by23 opinions
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
- Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1885
- Thomas W. Cullen, Jr. v. Bmw of North America, Inc.Court of Appeals for the Second Circuit · 1982
- Trapp v. McClellanAppellate Division of the Supreme Court of the State of New York · 1902
- Henderson v. SmithWest Virginia Supreme Court · 1885
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