Stewart, Morehead & Co. v. Postal Telegraph-Cable Co.
Supreme Court of Georgia
Action for damages. Before Judge Cann. Chatham superior court. March 9, 1907. Stewart, Morehead & Company Sued the Postal Telegraph-Cable Company for damages alleged to have been sustained because of an error in the transmission of a telegram. > It appeared from the allegations of the petition that the telegraph company was a cor? poration holding.itself out to the public as a company doing a telegraphic business and transmitting telegraphic messages for the public, and as…
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Action for damages. Before Judge Cann. Chatham superior court. March 9, 1907. Stewart, Morehead & Company Sued the Postal Telegraph-Cable Company for damages alleged to have been sustained because of an error in the transmission of a telegram. > It appeared from the allegations of the petition that the telegraph company was a cor? poration holding.itself out to the public as a company doing a telegraphic business and transmitting telegraphic messages for the public, and as such it had valuable franchises, and, upon the re-, ceipt of a message for transmission upon the payment or promise of…
1Opinion of the CourtEvans, P. J.
(After stating the facts.)
1. The various averments of the petition have been stated with considerable elaboration, in order to fairly present the point made on demurrer that the transaction to which the message related was a contract for the purchase of “futures,” — a purely wagering contract. , There- are some indicia which might give rise to a suspicion that the •transaction between the sender and sendee of the message concerned a purchase of “cotton futures” on margins, but this suspicion must be -allayed by the positive and unequivocal statement that the contract was not of this…
2Cases cited16 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- International Ocean Telegraph Co. v. SaundersSupreme Court of Florida · 1893
- Western Union Telegraph Co. v. ShotterSupreme Court of Georgia · 1884
- Western Union Telegraph Co. v. DuboisIllinois Supreme Court · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Robson & Evans v. WeilSupreme Court of Georgia · 1914
- Younker v. Western Union Telegraph Co.Supreme Court of Iowa · 1910
- Penn v. Western Union Telegraph Co.Supreme Court of North Carolina · 1912
- Martin v. Citizens BankSupreme Court of Georgia · 1933
- Fenner v. BoykinDistrict Court, N.D. Georgia · 1925
5 more not listed; retrieve them via the Exa API.