Goodsell v. Western Union Telegraph Co.
The Superior Court of the City of New York and Buffalo
Appeal from judgment on report of referee. Action by James H. Goodsell against the Western Union Telegraph Company. There was judgment for plaintiff, and both plaintiff and defendant appeal. Argued before Sedgwick, P. J., and Freedman and Ingraham, JJ.
1Opinion of the CourtSedgwick, P. J.
The complaint contains allegations of two causes of action for the breach of contract. It alleges that plaintiff made the contract with the Atlantic & Pacific Telegraph Company, and that afterwards the defendant, by agreement with the plaintiff, assumed and promised to perform the obligations of the Atlantic & Pacific Telegraph Company, contained in the contract. By that contract the plaintiff agreed to furnish, for transmission by the telegraph company over its lines, “news gathered” by the plaintiff, and the telegraph company agreed to transmit such news over its lines. The plaintiff agreed…
2Cases cited3 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Everson v. . PowersNew York Court of Appeals · 1882
3Cited by2 opinions
- Bare v. Victoria Coal & Coke Co.West Virginia Supreme Court · 1914
- Woodard v. KilburnNew Mexico Supreme Court · 1941