Churches v. Western Union Telegraph Co.

The opinion of the court was delivered by

Marshall, J.:

This is an action for damages caused by the defendant’s failure to deliver money transmitted by telegram. The plaintiff, a farmer, bought two teams of horses in Kansas City, Mo., and to obtain money to pay for them, telegraphed his bank at Lawrence, Neb., as follows: “Wire me six hundred dollars at once in care of the Western Union.” In response thereto, the bank arranged with the defendant to pay $600 to the plaintiff in Kansas City, Mo. The money was not delivered to the plaintiff although he called at the telegraph office and inquired…