Mathis v. Western Union Telegraph Co.
Supreme Court of Georgia
Action for penalty. Before Judge Fish. Sumter superior court. November term, 1898. The defendant pleaded specially, that no claim in writing was presented within sixty days after the filing-of the message for transmission, as required by the stipulation on the back of the blank upon which the message was written.
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Action for penalty. Before Judge Fish. Sumter superior court. November term, 1898. The defendant pleaded specially, that no claim in writing was presented within sixty days after the filing-of the message for transmission, as required by the stipulation on the back of the blank upon which the message was written. The case was submitted to the judge upon an agreement of counsel, that the plaintiff was entitled to recover if this stipulation was not binding upon him; and if binding, that the defendant was entitled to-recover, no claim having been presented within the time-so required. The judge…
1DissentSimmons, Justice
That a corporation transacting business with the public has a right to make all reasonable rules and regulations for the government of its business, is too well settled to require the citation of authorities; it is universally held by all courts. On this principle, courts hold that an insurance company has a right to stipulate with the assured that, in case of loss, he must make out his proof of loss and submit it to the company within a specified time, or his right of action to recover for his loss is barred. On the same principle, courts hold that a telegraph company has the right to…
2Cases cited6 opinions
- Mann v. PearsonNew York Supreme Court · 1806
- Western Union Telegraph Co. v. JonesIndiana Supreme Court · 1884
- Western Union Telegraph Co. v. TaylorSupreme Court of Georgia · 1890
- Simmons v. AndersonSupreme Court of Georgia · 1876
- Flanders & Son v. WellsSupreme Court of Georgia · 1878
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