Legal Opinion

Lowery v. . Western Union Telegraph Co.

New York Court of Appeals

Decided March 23, 1875PublishedCited by 23 opinions

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

  1. President of the Salem Bank v. President of the Gloucester BankMassachusetts Supreme Judicial Court · 1820
  2. Johnson v. PeopleNew York Supreme Court · 1847

3Cited by23 opinions

  1. Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
  2. Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1885
  3. Thomas W. Cullen, Jr. v. Bmw of North America, Inc.Court of Appeals for the Second Circuit · 1982
  4. Trapp v. McClellanAppellate Division of the Supreme Court of the State of New York · 1902
  5. Henderson v. SmithWest Virginia Supreme Court · 1885

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