Elwood v. . the Western Union Telegraph Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court, in the eighth judicial district, affirming judgment for $13,193.94 in favor of the plaintiffs. This was an action for damages sustained by the plaintiffs, who paid the sum of $10,000 on the faith of what was claimed to be a false and fraudulent message, negligently sent by the defendant, and delivered to the plaintiffs, who were bankers at Pithole, Pa.
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Appeal from a judgment of the late General Term of the Supreme Court, in the eighth judicial district, affirming judgment for $13,193.94 in favor of the plaintiffs. This was an action for damages sustained by the plaintiffs, who paid the sum of $10,000 on the faith of what was claimed to be a false and fraudulent message, negligently sent by the defendant, and delivered to the plaintiffs, who were bankers at Pithole, Pa. The defendant had an office at that place, as well as at Titusville, Pa. On the morning of the 12th of August, 1865, between eleven and twelve o’clock, the plaintiffs…
1Opinion of the CourtRapadlo, J.
The material question upon this appeal, is whether, upon the evidence, the court was justified in leaving it to the jury to determine whether or not the message in controversy was transmitted from Titusville to Pithole by any of the employes of the defendant at the Titusville office. The receipt of the message at the Pithole office over the defendant’s wires, and its delivery to the plaintiffs by the defendant’s agent, as coming from Titusville, were sufficient prima facie, at least, to establish, as against the defendant, that it was transmitted in the ordinary course from the Titus-ville…
2Cases cited1 opinion
- Lomer v. . MeekerNew York Court of Appeals · 1862
3Cited by234 opinions
- Quock Ting v. United StatesSupreme Court of the United States · 1891
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Ferdinand v. Agricultural Ins. Co. of Watertown, NYSupreme Court of New Jersey · 1956
- Sonnentheil v. Christian Moerlein Brewing Co.Supreme Court of the United States · 1899
- McNight v. ParsonsSupreme Court of Iowa · 1907
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