Western Union Telegraph Co. v. Morgan

(after stating the facts as above). In its answer to appellee’s suit, appellant alleged that—

“The telegraph messages upon which this suit is based constituted and was a joint contract, and not joint and several, between the sender thereof, Mrs. T. J. Barrett, and this defendant, and but one and only one recovery of damages for breach thereof can legally be had; and that the sender of said messages, Mrs. T. J. Barrett, by suit in this court — a court of competent jurisdiction — against this defendant recovered a final judgment against this defendant for $500 and all cost of suit, which…