American Union Telegraph Co. v. Daughtery
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lee. Tried before tbe Hon. Jesse M. Carmichael. Tbis action was brought- by H. L. Daughtery, against tbe appellant corporation, to recover damages for its failure to forward a telegram within a reasonable time; and was commenced on.tbe 4th February, 1881. Tbe message was sent from Opelika, January 6th, 1881, addressed to Lehman Brothers, New York, and in these words: “Socket, Daughtery, to cover, bottomed, incendiary, bouncer, incarnate,which…
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Appeal from tbe Circuit Court of Lee. Tried before tbe Hon. Jesse M. Carmichael. Tbis action was brought- by H. L. Daughtery, against tbe appellant corporation, to recover damages for its failure to forward a telegram within a reasonable time; and was commenced on.tbe 4th February, 1881. Tbe message was sent from Opelika, January 6th, 1881, addressed to Lehman Brothers, New York, and in these words: “Socket, Daughtery, to cover, bottomed, incendiary, bouncer, incarnate,which was explained to mean, “ Sell on account of Daughterly, to cover, 100 June, 200 May," and .was an instruction to them…
1Opinion of the CourtClopton, J.
It having appeared during the course of the trial, that the legal title to the contract was in Renfro Bros., the brokers of H. L. Daughtery, by reason of having signed, in their own names, and delivered to defendant for transmission, the telegram set forth in the complaint, an amendment making it the suit of the surviving partners of Renfro Bros, for the use of Daughtery, in whose name it was originally commenced, was proper.—Harris v. Plant, 31 Ala. 639. The amendment, when allowed, related to the commencement of the suit, and no new matter or claim being introduced, the statute of…
2Cases cited4 opinions
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Doe ex dem. Evans v. RichardsonSupreme Court of Alabama · 1884
3Cited by25 opinions
- Pickett v. MatthewsSupreme Court of Alabama · 1939
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Dickerson v. FinleySupreme Court of Alabama · 1908
- American District Telegraph Co. v. Roberts & Son, Inc.Supreme Court of Alabama · 1929
- Western Union Telegraph Co. v. LouisellSupreme Court of Alabama · 1909
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