Legal Opinion · Dissent

True v. International Telegraph Co.

Supreme Judicial Court of Maine

Decided July 1, 1872Published

On facts agreed in the superior court for this county. On January 12, 1870, the plaintiffs received a telegram, at Portland, from Messrs. Radeliff & P itterson, of Baltimore, offering to sell them a cargo of corn, at ninety cents per bushel.

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On facts agreed in the superior court for this county. On January 12, 1870, the plaintiffs received a telegram, at Portland, from Messrs. Radeliff & P itterson, of Baltimore, offering to sell them a cargo of corn, at ninety cents per bushel. Thereupon one of the plaintiffs went to the office of the defendants, in Portland, and, calling for one of the defendants’ ‘ night-message blanks,’ wrote thereon, the tenor of which, with that of the blank on which it was written, was as follows : ‘ NIGHT-MESSAGE BLANKS. Office managers will not receive “ night messages ” unless written hereunder, and…

1Dissent

*28The following dissenting opinion was pronounced by

Appleton, C. J.

This is an action on the case against the defendant corporation for negligence in not delivering a night message.

It is agreed that on the 12th of January, 1870, the plaintiff received a telegram from Radcliff & Patterson, of Baltimore, offering to sell them a cargo of corn at ninety cents per bushel; that the plaintiffs went to the office of the defendants, and, calling for one of the ‘night-message blanks,’ wrote thereon a telegram in reply, .which is made part of the case and will be hereafter considered.

This message was…

2Cases cited6 opinions

  1. United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
  2. Crawford v. CollinsNew York Supreme Court · 1866
  3. Smithson v. United States Telegraph Co.Court of Appeals of Maryland · 1868
  4. Breese v. United States Telegraph Co.New York Supreme Court · 1866
  5. Sheldon v. HawesMichigan Supreme Court · 1867

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