Burrows v. Western Union Telegraph Co.
Supreme Court of Minnesota
Action in the municipal court of Duluth to recover $50 and interest upon a bank check issued by defendant. The case was tried before Edson, J., who directed a verdict in favor of plaintiff for the sura demanded. A motion for judgment notwithstanding the verdict or for a new trial having been denied, defendant appealed to the district court for St. Louis county.
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Action in the municipal court of Duluth to recover $50 and interest upon a bank check issued by defendant. The case was tried before Edson, J., who directed a verdict in favor of plaintiff for the sura demanded. A motion for judgment notwithstanding the verdict or for a new trial having been denied, defendant appealed to the district court for St. Louis county. From an order, Ensign, Cant and Dibell, JJ., reversing the order of the municipal court and directing the entry of judgment in favor of defendant, plaintiff appealed to the supreme court.
1Opinion of the CourtLewis, J.
The firm of Scheffer & Rossum, of St. Paul, had in their employ a traveling agent by the name of Joseph E. Jerome, who resided and made his headquarters at Orookston, Minnesota. On October 8, 1900, a telegram was received by the firm as follows:
“Duluth, Minn., Oct. 8th, 1900.
Receiver’s No. 120.
Time filed, 11.25 a. m. 10 Paid. Rush.
To Scheffer & Rossum,
St. Paul, Minn.:
Telegraph me $50.00 at once; extra deal.
[Signed] J. E. Jerome.
Will call.”,In response to this message the firm paid $50 to the respondent company at St. Paul, and the agent of the telegraph company at Duluth was authorized to pay…
2Cases cited3 opinions
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- Famous Shoe & Clothing Co. v. CrosswhiteSupreme Court of Missouri · 1894
- Estes v. Lovering Shoe Co.Supreme Court of Minnesota · 1894
3Cited by2 opinions
- Heavy v. Commercial National Bank of OgdenUtah Supreme Court · 1904
- Montgomery Ward Co. v. Inc. v. Central Co-Op. Assn.Supreme Court of Minnesota · 1937