Lehue v. Western Union Telegraph Co.
Supreme Court of North Carolina
ActxoN, tried before Lyon, J., at October Term, 1911, of Wake, upon these issues: ’ Did the defendant negligently fail to pay to the plaintiff the sum of $11.45 within reasonable time, as alleged in the complaint ? An-' swer: “Yes.” What amount of damages, if any, is the plaintiff entitled to recover? “$750.” From the judgment rendered defendant appealed.
1Opinion of the CourtBeown, J.
This cause was before this Court on demurrer to complaint and is reported in 174 N. C., 332. The demurrer was overruled and the cause remanded for trial.
We adhere to what is held in the opinion on the first appeal, but we think the facts brought out fully on the trial present a different case from that alleged in the complaint.
It now appears that plaintiff’s husband deposited the $11.45 with defendant at Raleigh between 7:30 and 8 A. M., 22 November. He informed the lady clerk that his wife, the plaintiff, was in Black Mountain without means and that he desired to transmit the money to her at…
2Cases cited1 opinion
- LeHue v. Western Union Telegraph Co.Supreme Court of North Carolina · 1917
3Cited by3 opinions
- Basila v. Western Union Telegraph Co.District Court, S.D. Florida · 1928
- Western Union Telegraph Co. v. BowenSupreme Court of Alabama · 1919
- Western Union Telegraph Co. v. SpeedCourt of Appeals of Texas · 1936