Kiley v. . Western Union Telegraph Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of October, 1885, which reversed a judgment in favor of plaintiff, entered upon a verdict, and granted a new trial.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of October, 1885, which reversed a judgment in favor of plaintiff, entered upon a verdict, and granted a new trial. (Reported below," 39 Hun, 158.) On the 11th day of March, 1883, the plaintiff, who was a speculator in oil, living at Olean, in this State, went to the office of the defendant in- that village and there wrote and delivered to its agent for transmission to his brokers, Hilton & Waugh, in Bradford, Pa., a telegram as follows : “Buy the twenty-five in to-morrow…
1Opinion of the CourtEarl, J.
The telegram was written on one of the ordinary blanks of the company. ' Immediately above the telegram were the words, “ send the following message subject to the above terms, which are hereby agreed to.” And below the telegram, in plain letters, were the following words, “ read the notice and agreement at the top.” The blank with the telegram written thereon, when introduced in evidence, was partly mutilated, a portion thereof, the upper left-hand corner, having been torn off. When complete the blank contained this language: “ All messages taken by this company are sub- • ject to the…
2Cases cited3 opinions
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- Western Union Telegraph Co. v. CarewMichigan Supreme Court · 1867
- Redpath v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
3Cited by26 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Weld v. . Postal Telegraph-Cable Co.New York Court of Appeals · 1910
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
- Weld v. . Postal Telegraph-Cable Co.New York Court of Appeals · 1913
- Gillis v. Western Union Telegraph Co.Supreme Court of Vermont · 1889
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