Legal Opinion

Kerr Steamship Co. v. Radio Corp. of America

New York Court of Appeals

Decided May 31, 1927PublishedCited by 37 opinions

1Opinion of the Court

Cardozo, Ch. J.

On May 15, 1922, the plaintiff, Kerr Steamship Company, Inc., delivered to defendant, the Radio Corporation of America, a telegram consisting of twenty-nine words in cipher to be transmitted to Manila, Philippine Islands.

The telegram was written on one of the defendant’s blanks, and is prefaced by the printed words: “ Send the following radiogram via R. C. A., subject to terms on back hereof which are hereby agreed to.”

The defendant had no direct circuit for the transmission of radiograms to the Philippine Islands. A radiogram could have been sent to London, where by transfer…

2Cases cited26 opinions

  1. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
  3. Western Union Telegraph Co. v. Esteve Bros. & Co.Supreme Court of the United States · 1921
  4. Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
  5. Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871

21 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Kenford Co. v. County of ErieNew York Court of Appeals · 1989
  2. Evra Corp. v. Swiss Bank Corp.Court of Appeals for the Seventh Circuit · 1982
  3. DaimlerChrysler Motors Co., LLC v. Manuel, Texas Court of Appeals, 2nd District (Fort Worth)2012
  4. Ebasco Services Inc. v. Pennsylvania Power & Light Co.District Court, E.D. Pennsylvania · 1975
  5. Ebasco Services, Inc. v. Pennsylvania Power & Light Co.District Court, E.D. Pennsylvania · 1978

32 more not listed; retrieve them via the Exa API.

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