Legal Opinion

Western Union Telegraph Co. v. Totten

Court of Appeals for the Eighth Circuit

Decided November 16, 1905No. 2,175PublishedCited by 8 opinions

In Error to the Circuit Court of the United States for the Southern District of Iowa.

1Opinion of the Court

SANBORN, Circuit Judge.

The plaintiffs below, W. H. Totten and H. C. Totten, who were copartners under the style of the Bank of Gilbert, sued the Western Union Telegraph Company for moneys they were induced to pay upon the checks of Barnes and the orders of his agent, by these telegrams:

“Denison, la., Mch. 5th, 1902.
“Bank Gilbert, la.: Will honor Barnes checks three cars stock.
“Bank of Denison.”
“Denison, la., Mch. 8th, 1902.
“Bank Gilbert, la.: Will honor Bames cheeks -three cars stock.
“Bank of Denison.”, “Denison, la., Mch. 11th, 1902.
“Bank Gilbert, la.: We will honor draft of E. S. Barnes for…

2Cases cited2 opinions

  1. Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
  2. Bank of Havelock v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1905

3Cited by8 opinions

  1. Western Union Telegraph Co. v. SchriverCourt of Appeals for the Eighth Circuit · 1905
  2. Aycock v. Nashville, Chattanooga & St. Louis Railway Co.Court of Appeals of Tennessee · 1927
  3. Petersen v. Cache County Drainage Dist. No. 5.Utah Supreme Court · 1930
  4. Carter Oil Co. v. HollowaySupreme Court of Oklahoma · 1928
  5. Western Union Telegraph Co. v. Citizens' BankSupreme Court of Arkansas · 1920

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