Stiles v. Western Union Telegraph Co.

BARNES, J.,

(dissenting.) The evidence in this ease shows that the operator of defendant at Tombstone withheld the message from about 9 o’clock in the evening, “on purpose,” as he swears, that he might draw out the money deposited to credit of defendant in the bank; that he waited until the bank opened, then went in, and drew out the funds of defendant. He kept the fact of the assignment secret until then. He then went to his office, and handed the telegram to the messenger boy, who had to make a letterpress copy and enter it on the delivery-book, put it in an envelope, and address it, and…