Legal Opinion

Benedict v. Western Union Telegraph Co.

New York Supreme Court

Decided May 15, 1878PublishedCited by 2 opinions

This was an. action, for an injunction, brought by a stockholder of the Western Union Telegraph Company, to restrain that company from making payments to the Atlántic and Pacific Telegraph Company, under the existing agreements between the two companies.

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This was an. action, for an injunction, brought by a stockholder of the Western Union Telegraph Company, to restrain that company from making payments to the Atlántic and Pacific Telegraph Company, under the existing agreements between the two companies. One agreement was made in August, .1877, and the other in October, 1877. The first provided that the earnings of the two companies from the transmission of messages should be added together, and should be divided in the proportion of 87% per cent, to the Western Union Telegraph Company, and 12% per cent, to the Atlantic and Pacific Telegraph…

1Opinion of the CourtVan Brunt, J.

Before directly considering the questions raised in this action, it will be of advantage to briefly consider the laws relating to telegraph companies, and under which such companies could be organized and which were in existence in the year 1877.

The first act is chapter 256 of the Laws of 1848, by the provisions of which the companies organized under it were granted corporate powers 1 c for the purpose of constructing a line of wires of telegraph through this State, or from or to any point within this State,” with power to purchase, receive, and “ to hold and convey such real estate and such…

2Cited by2 opinions

  1. Woodruff v. Dubuque & Sioux City RailroadU.S. Circuit Court for the District of Southern New York · 1887
  2. In re JacksonNew York Supreme Court · 1907

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