Legal Opinion
Haviland v. Western Union Tel. Co.
District Court, S.D. Texas
Decided October 13, 1953No. Civ. A. No. 1017PublishedCited by 2 opinions
1Opinion of the Court
ALLRED, District Judge.
Action for $35,000 damages for failure to deliver a telegraphic money order,
originally filed in the state district court by plaintiff, a resident citizen of Sam Patricio County, Texas, against defendant, a New York corporation, and removed to this court because of diversity of citizenship and amount in controversy.
After removal, defendant set up as a separate and partial defense that the money order was sent subject to its standard money order contract, duly filed with the Federal Communications Commission, which limited defendant’s liability to $500. Plaintiff concedes…
2Cases cited16 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
- Sola Electric Co. v. Jefferson Electric Co.Supreme Court of the United States · 1942
- Barry v. EdmundsSupreme Court of the United States · 1886
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3Cited by2 opinions
- Lillian Reisman v. New Hampshire Fire Insurance CompanyCourt of Appeals for the Fifth Circuit · 1963
- Mann v. EdwardsDistrict Court, W.D. South Carolina · 1965