Hind v. Western Union Telegraph Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Second Division of the Northern District of California; Frank H. Rudkin, Judge. Action at law by George U. Hind and James Rolph, Jr., against the Western Union Telegraph Company. Judgment for defendant, and plaintiffs bring error. The plaintiffs were grain merchants at San Francisco. They had barley to sell.
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In Error to the District Court of the United States for the Second Division of the Northern District of California; Frank H. Rudkin, Judge. Action at law by George U. Hind and James Rolph, Jr., against the Western Union Telegraph Company. Judgment for defendant, and plaintiffs bring error. The plaintiffs were grain merchants at San Francisco. They had barley to sell. On February 24, 1916, they sent their agents in London a message offering a cargo of barley at 63s. ,9d., “including war risk insurance,” meaning that the sellers would pay the war risk insurance. On the following day the agents…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). We can see no ground on which it can be held that the defendant’s error in transmitting the message should inure to the benefit of the plaintiffs. They lost nothing by the error, notwithstanding that they failed to receive all that they expected to get. It is true, as the plaintiffs argue, that they parted with the barley on the understanding that they were not to pay the war risk insurance, hut the fact that they parted with the grain on that understanding is not a controlling consideration. It was necessary for them to show that they were actually damaged…
2Cases cited5 opinions
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
- Western Union Telegraph Co. v. Waxelbaum & Co.Supreme Court of Georgia · 1901
- Acheson v. Western Union Telegraph Co.California Supreme Court · 1892
- Mickelwait v. Western Union Telegraph Co.Supreme Court of Iowa · 1901
3Cited by2 opinions
- Thayer v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1937
- Allen v. Western Union Telegraph Co.Supreme Court of South Carolina · 1946