Western Union Telegraph Co. v. Bi-Metallic Bank

This suit grows out of the alleged payment of a cheek diawn by the plaintiff telegraph company upon the defendant bank to a person other than the payee, and without his endorsement. The main facts were contained in an agreed statement, that portion which is deemed material to the determination of this appeal being as follows:

‘ ‘ 1. That on or about the 12th day of December, 1895, the agent and manager of plaintiff’s office at the town of Cripple Creek was telegraphically instructed by the plaintiff to pay to one William PI. Daily, at Cripple Creek, the sum of one hundred and seventy-two…