Brown v. Postal Telegraph Co.
Supreme Court of North Carolina
Civil ACTION, tried before Whitaker, J., at February Term, 1892, of GraNVILLE Superior Court. Plaintiffs’ agents and commission merchants in Richmond, in May, 1891, wrote and delivered to defendant’s agent a message stating that they had received an offer of twenty-seven cents per pound for tobacco belonging to plaintiffs on deposit with them, and asked a speedy reply. The defendant’s agent negligently substituted the word “forty” for “twenty” in the message.
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Civil ACTION, tried before Whitaker, J., at February Term, 1892, of GraNVILLE Superior Court. Plaintiffs’ agents and commission merchants in Richmond, in May, 1891, wrote and delivered to defendant’s agent a message stating that they had received an offer of twenty-seven cents per pound for tobacco belonging to plaintiffs on deposit with them, and asked a speedy reply. The defendant’s agent negligently substituted the word “forty” for “twenty” in the message. Plaintiffs, believing they were offered forty-seven cents, directed a sale, and upon discerning, after the sale, the error, brought…
1Opinion of the Court
MacRae, J.:
The plaintiffs were damaged by the negligence of defendant’s agent in substituting the words “forty-seven” in the message as delivered, for “twenty-seven” in the message sent, by reason whereof the plaintiffs’ tobacco was sold for a price less than it would otherwise have brought on the market. The message was written on the blank furnished by the Western Union Telegraph Company, with the well-known stipulation upon it that the company would not be liable for damages caused by mistakes or delays, unless repeated. This message was delivered to-and sent by the agent of the defendant…
2Cases cited6 opinions
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Thompson v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Gillis v. Western Union Telegraph Co.Supreme Court of Vermont · 1889
- Cannon v. Western Union Telegraph Co.Supreme Court of North Carolina · 1888
- Lassiter v. Western Union Telegraph Co.Supreme Court of North Carolina · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bisso v. Inland Waterways Corp.Supreme Court of the United States · 1955
- Hendricks v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Sherill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895
- Strong v. Western Union Telegraph Co.Idaho Supreme Court · 1910
- Western Union Telegraph Co. v. MiltonSupreme Court of Florida · 1907
15 more not listed; retrieve them via the Exa API.