Parks v. Western Union Telegraph Co.
Nevada Supreme Court
Appeal from Second Judicial District Court, Washoe County; J. Emmett Walsh, Judge. Action by Sterling Parks against the Western Union Telegraph Company, a corporation. From an order overruling plaintiff’s demurrers to affirmative defenses in the answer, and from a judgment on the pleadings, plaintiff appeals.
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Appeal from Second Judicial District Court, Washoe County; J. Emmett Walsh, Judge. Action by Sterling Parks against the Western Union Telegraph Company, a corporation. From an order overruling plaintiff’s demurrers to affirmative defenses in the answer, and from a judgment on the pleadings, plaintiff appeals. The sole question to be decided is whether an oral contract for the delivery of an interstate telegraphic message, made at the time of the delivery of the message to the telegraph company, is sufficient to sustain an action for actual damages sustained by the addressee by reason of the…
1Concurrence
Ducker, J., and Coleman, J.,
concurring:
5. We concur in the order of reversal. The so-called affirmative defense falls within the class controlled by the rule that a mere statement of facts in an answer by way of defense, which is inconsistent with the facts alleged in the complaint, is, in effect, nothing more than a denial of the allegations of the complaint.
*427The logic of the opinion of the court in Wade v. Stever, 166 N. Y. 251, 59 N. E. 825, seems unanswerable. See, also, Bliss, Code Pl. (2d ed.) 333; Sylvis v. Sylvis, 11 Colo. 318, 17 Pac. 912; Goddard v. Fulton, 21 Cal. 430; Mott v.…
2Cases cited4 opinions
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- Goddard v. FultonCalifornia Supreme Court · 1863
- Mott v. BaxterSupreme Court of Colorado · 1902
- Wade v. . StreverNew York Court of Appeals · 1901