Smith v. W. U. Telegraph Co.
Supreme Court of Pennsylvania
Appeal, No. 241, Jan. T., 1892, by-defendant, from judgment of C. P. No. 1, Pbila. Co., Dee. T., 1888, No. 604, on verdict for plaintiff, Thomas C. Smith. Trespass for failure to deliver money promptly. The material facts appear by the opinion of the Supreme Court. Plaintiff testified that he told the clerk, who took the message between ten and eleven- o’clock on Sept. 17, in New York, that he wanted to send on $100 to the Phila. Nat.
Read the full summary
Appeal, No. 241, Jan. T., 1892, by-defendant, from judgment of C. P. No. 1, Pbila. Co., Dee. T., 1888, No. 604, on verdict for plaintiff, Thomas C. Smith. Trespass for failure to deliver money promptly. The material facts appear by the opinion of the Supreme Court. Plaintiff testified that he told the clerk, who took the message between ten and eleven- o’clock on Sept. 17, in New York, that he wanted to send on $100 to the Phila. Nat. Bank to meet a note. ' The clerk said: “ At the outside it shouldn’t take more than an hour to be delivered from the time of sending.” There was no proof of…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
On Saturday the 17th of September, 1887, the appellant received from the appellee at its office in NeV York one hundred dollars to be paid to the Philadelphia National Bank and one dollar and forty cents for its services in making the transfer. It appears from the evidence produced on the trial that the Philadelphia Bank held the appellee’s note for §87.25 which was payable on that day, and that Inis object in arranging the transfer was to make provision for its payment at maturity. The note was not paid on Saturday, and was duly protested. On the following…
2Cases cited2 opinions
- Eckel v. MurpheySupreme Court of Pennsylvania · 1851
- Edelman v. LatshawSupreme Court of Pennsylvania · 1897
3Cited by7 opinions
- Leonard v. Wessel (In Re Jackson)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Altoona Clay Products, Inc. v. Dun & Bradstreet, Inc.District Court, W.D. Pennsylvania · 1968
- Mellon Bank, N. A. v. Aetna Business Credit Inc.District Court, W.D. Pennsylvania · 1980
- Western Union Telegraph Co. v. HallCourt of Appeals for the Fourth Circuit · 1923
- Sharp v. Western Union Telegraph Co.Arizona Supreme Court · 1932
2 more not listed; retrieve them via the Exa API.