Legal Opinion

Landsberger v. Magnetic Telegraph Co.

New York Supreme Court

Decided September 17, 1860PublishedCited by 21 opinions

HIS was an appeal from a judgment entered upon the report of a réferee. The action was brought to recover damages of the defendant for neglecting to deliver a telegraphic dispatch from New Orleans to New York, according to agreement. The referee reported in favor of the plaintiffs for #16.09.

1Opinion of the Court

By the Court,

Bonney, J.

The only question in this case is one of damages. In December, 1856, the plaintiffs, at San Francisco, California, contracted with Locan & Co. of that place, to purchase for them, in New York, on commission, 300 Colt’s pistols, (revolvers,) and to deliver such pistols in San Francisco, by the steamer which should leave New York on the 20th January, 1857; for which the plaintiff's were to receive a commission of 7-|- per cent on the cost of the pistols; and they agreed to “hold themselves responsible to the sum of five hundred dollars, to be paid to Locan & Co. by them,…

2Cases cited1 opinion

  1. Griffin v. . ColverNew York Court of Appeals · 1858

3Cited by21 opinions

  1. Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
  2. United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
  3. Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
  4. Williams v. Telegraph Co.Supreme Court of North Carolina · 1904
  5. Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1885

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