Legal Opinion
MacDonald v. Western Union Telegraph Co.
Appellate Terms of the Supreme Court of New York
Decided May 2, 1941PublishedCited by 2 opinions
1Opinion of the CourtShientag, J.
This is an appeal from a dismissal of the complaint at the close of the plaintiff’s case.
The plaintiff sues for damages caused by the defendant’s failure to deliver a night letter addressed to the plaintiff at Overbrook, Pa. The wire was sent by one Fields, who filed it with the defendant for transmission at defendant’s office in New York city on August 20, 1938 The telegraph blank contained the notation: “ Send the following message, subject to the terms on back hereof, which are hereby agreed to.” The message read as follows: “ I need secretary immediately . Please come yourself or…
2Cases cited13 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Watson v. . GuginoNew York Court of Appeals · 1912
- Gardner v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1916
- Western Union Telegraph Co. v. CzizekSupreme Court of the United States · 1924
- Weld v. . Postal Telegraph-Cable Co.New York Court of Appeals · 1913
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3Cited by2 opinions
- Trammell v. Western Union Telegraph Co.California Court of Appeal · 1976
- Sims v. Western Union Telegraph Co.New York Supreme Court · 1963