Mathis v. Western Union Telegraph Co.
Supreme Court of Georgia
Action for penalty. Before Judge Fish. Sumter superior court. November term, 1898. The defendant pleaded specially, that no claim in writing was presented within sixty days after the filing-of the message for transmission, as required by the stipulation on the back of the blank upon which the message was written.
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Action for penalty. Before Judge Fish. Sumter superior court. November term, 1898. The defendant pleaded specially, that no claim in writing was presented within sixty days after the filing-of the message for transmission, as required by the stipulation on the back of the blank upon which the message was written. The case was submitted to the judge upon an agreement of counsel, that the plaintiff was entitled to recover if this stipulation was not binding upon him; and if binding, that the defendant was entitled to-recover, no claim having been presented within the time-so required. The judge…
1Opinion of the Court
Lumpkin, Justice.
Mathis brought an action against the telegraph company for the statutory penalty. The blank upon which his message was written had printed upon it the following stipulation: “ The company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the company for transmission.” The only question presented for our determination is, whether or not the company is relieved from the penalty in a case where the claim for it was not presented within the time prescribed by this…
2Cases cited7 opinions
- Hill v. Western Union Telegraph Co.Supreme Court of Georgia · 1890
- Western Union Telegraph Co. v. JonesIndiana Supreme Court · 1884
- Western Union Telegraph Co. v. TaylorSupreme Court of Georgia · 1890
- Western Union Telegraph Co. v. JamesSupreme Court of Georgia · 1892
- Montgomery v. Western Union Telegraph Co.Missouri Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Broom v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
- Henry Cotton Mills v. Shoenig & Co.Court of Appeals of Georgia · 1925
- Meadors v. Western Union Telegraph Co.Supreme Court of Georgia · 1895