Cannon v. Western Union Telegraph Co.
Supreme Court of North Carolina
Civil ACTION, tried before Gilmer, J., at January Term, 1887, of the Superior Court of Cabarrus. There was a verdict and judgment for plaintiffs, and defendant appealed. The plaintiffs, Cannon, Fetzer & Wadsworth, cotton merchants, engaged in business at Concord, in this State, had entered into contracts with persons in New York, to deliver to them respectively one hundred bales of cotton in December, 1879, and five hundred in February of. the next year.
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Civil ACTION, tried before Gilmer, J., at January Term, 1887, of the Superior Court of Cabarrus. There was a verdict and judgment for plaintiffs, and defendant appealed. The plaintiffs, Cannon, Fetzer & Wadsworth, cotton merchants, engaged in business at Concord, in this State, had entered into contracts with persons in New York, to deliver to them respectively one hundred bales of cotton in December, 1879, and five hundred in February of. the next year. In order to provide for fulfilling said contracts, in the forenoon of the 3d day of November preceding, they placed in the hands of the…
1Opinion of the Court
Smith, C. J.,
(after stating the case). Without passing upon the question of the plaintiffs’ own culpability in sending off a second so near the first message, without any intimation upon its face that a previous one had been sent, which the last was intended to modify, and with no allusion whatever to it, a fact which seems to have caused the perplexity in the minds of the agents as to what ought to be doné, and in consequence they did not act at all; or upon the indifference of the agents themselves in not, at once, inquiring, by telegraph, the meaning of the conflicting communications, and…
2Cases cited2 opinions
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Lassiter v. Western Union Telegraph Co.Supreme Court of North Carolina · 1883
3Cited by12 opinions
- Williams v. Telegraph Co.Supreme Court of North Carolina · 1904
- Johnson v. . R. R.Supreme Court of North Carolina · 1922
- Brown v. Postal Telegraph Co.Supreme Court of North Carolina · 1892
- Western Union Telegraph Co. v. WilsonSupreme Court of Florida · 1893
- Johnson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1922
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