Covell v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Laclede Circuit Court. — Hon. L. B. Woodside, Judge. (1) Defendant’s peremptory instruction at the close of the plaintiff’s evidence should have been given, because no presumption arose that defendant received any notice of claim within sixty days. Best v. Ins. Co., 68 Mo. App. 598; Ins.
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Appeal from Laclede Circuit Court. — Hon. L. B. Woodside, Judge. (1) Defendant’s peremptory instruction at the close of the plaintiff’s evidence should have been given, because no presumption arose that defendant received any notice of claim within sixty days. Best v. Ins. Co., 68 Mo. App. 598; Ins. Co. v. Hargrove, 116 S. W. 256; Trezevant & Cochran v. Powell & Co., 130 S. W. 234; Drill Co. v. Lindquist, 114 N. W. 1098; Railroad v. Bank, 174 Fed. 923; Postal Laws and Regulations, chap. 6, sec. 636. (2) The question of estoppel did not arise either in the pleadings or in the evidence and was…
1Opinion of the CourtGray, J.
Plaintiff instituted this action to collect the penalty prescribed by section 3330, Revised Statutes 1909. The message was sent from Webb City, December 30, 1910, addressed to W. C. Simpson, Stoutland, this state, and plaintiff made a prima facie showing of negligence on the part of the appellant in handling the same.
The answer alleged that the telegram was written on a blank containing the following stipulation: ‘ ‘ The company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the…
2Cases cited8 opinions
- McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
- Lindquist v. DicksonSupreme Court of Minnesota · 1906
- Long v. Lackawanna Coal & Iron Co.Supreme Court of Missouri · 1911
- Kendall v. Western Union Telegraph Co.Missouri Court of Appeals · 1894
- Fleming & Ayerst Co. v. EvansCourt of Appeals of Kansas · 1900
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3Cited by5 opinions
- Ideal Bakery v. SchryverWyoming Supreme Court · 1931
- Ennis-Baynard Petroleum Co. v. Plainville Mill & Elevator Co.Supreme Court of Kansas · 1925
- Bank of Ipswich v. Harding Co. Farmers' Mutual Fire & Lightning Ins.South Dakota Supreme Court · 1929
- Myers v. Bibee Grocery Co.Supreme Court of Virginia · 1927
- Williams v. Western Union Telegraph Co.Missouri Court of Appeals · 1925