Melchert v. American Union Telegraph Co.
United States District Court
This case was submitted by counsel to the court for trial without a jury. It is an action in which the plaintiff claims damages resulting from the alleged negligence of the defendant in transmitting a telegram from Davenport, in the state of Iowa, to the plaintiff’s factor in Chicago.
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This case was submitted by counsel to the court for trial without a jury. It is an action in which the plaintiff claims damages resulting from the alleged negligence of the defendant in transmitting a telegram from Davenport, in the state of Iowa, to the plaintiff’s factor in Chicago. It appears that the plaintiff had, in the months of July and August, 1880, made, through his factor in Chicago, certain contracts for the sale of some 15,000 bushels of rye at 65 J and 68-J- cents, to be delivered at the plaintiff’s option during the month of September in the same year. On the eighth day of…
1Opinion of the Court
Love, D. J.
Several questions were argued at the bar, which, with my view of the case, I consider it unnecessary to decide. There is one view which is, in my judgment, entirely conclusive of the controversy. Assuming that the alleged negligence has been satisfactorily established, it is evident that we must proceed to inquire whether or not the contracts of July and August, 1880, were valid and binding agreements, which the plaintiff was required by law to fulfil. The telegram of September 8, 1880, instructed the plaintiff’s agent to “cover rye,” and it now clearly appears that these words…
2Cases cited17 opinions
- Bigelow v. . BenedictNew York Court of Appeals · 1877
- J. B. Lyon & Co. v. Culbertson, Blair & Co.Illinois Supreme Court · 1876
- Barnard v. BackhausWisconsin Supreme Court · 1881
- Gregory v. WendellMichigan Supreme Court · 1878
- Harris v. . TumbridgeNew York Court of Appeals · 1880
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3Cited by5 opinions
- City of Louisville v. WehmhoffCourt of Appeals of Kentucky · 1903
- David Dows, Jr. & Co. v. GlaspelNorth Dakota Supreme Court · 1894
- Waite v. FrankSouth Dakota Supreme Court · 1901
- Carson v. Milwaukee Produce Co.Wisconsin Supreme Court · 1907
- Thorn v. BrowneCourt of Appeals for the Eighth Circuit · 1919