Legal Opinion

North Packing & Provision Co. v. Western Union Telegraph Co.

Appellate Court of Illinois

Decided June 14, 1897PublishedCited by 5 opinions

Assumpsit, for failure to deliver a telegram. Appeal from the Circuit Court of Cook County; the Hon. Abner Smith, Judge, presiding.

1Opinion of the CourtJustice Waterman

deliveber the opinion of the Court.

The message was to be delivered in Chicago; the contract was thus to be performed there, and is to be construed in accordance with the law of Illinois. Lex loci solutiones. Leake on Contracts, 855.

The conditions upon the back of the message, not having been assented to by appellant, formed no part of the contract; the contention of appellee that its liability is limited to the sixty-two cents paid for sending the message, is not the law in this State. Tyler, Ullman & Co. v. W. U. Tel. Co., 60 Ill. 424; W. U. Tel. Co. v. Tyler, 74 Id. 168; W. U. Tel. Co. v.…

2Cases cited2 opinions

  1. True v. International Telegraph Co.Supreme Judicial Court of Maine · 1872
  2. Western Union Telegraph Co. v. Harris & ComstockAppellate Court of Illinois · 1885

3Cited by5 opinions

  1. Bailey v. Western Union Telegraph Co.Supreme Court of Kansas · 1916
  2. Slater v. Chicago Transit AuthorityAppellate Court of Illinois · 1955
  3. M. M. Stone & Co. v. Postal Telegraph Cable Co.Supreme Court of Rhode Island · 1913
  4. Chicago & Northwestern Railway Co. v. StroudAppellate Court of Illinois · 1906
  5. Western Union Telegraph Co. v. North Packing & Provision Co.Appellate Court of Illinois · 1900

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