Western Union Telegraph Co. v. Michelson

The sender of a message from Brunswick, Ga., to New York, sued the telegraph company for the statutory penalty for failure to transmit and deliver the same, to wit: “Aug. 20, 1892. To J. David, 250 West 128th St., New York. Hetty and children will arrive by Mallory steamer Monday morning nine o’clock.” This was written on one of the company’s blanks for a night mes*437sage, and was marked as filed at 10 p. m., “check 12, paid 34.” This blank contained the following : “Send the following night message subject to the terms on back thereof, which are hereby agreed to.” On the back was the following…