Wilmerding v. Postal Telegraph Cable Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Postal Telegraph-Cable Company, from a judgment of the-Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 14th day of June, 1906, upon the decision of the court rendered after a trial at the New York Trial Term, the jury having been dismissed.
1Opinion of the Court
Clarke, J.:
The plaintiffs are members of a copartnership known as Wilmerding, Morris & Mitchell, engaged .in business in the city of New York. The defendant is a domestic corporation conducting a general telegraph business. The course of dealing between plaintiffs and defendant, continuing for about ten years, has been as follows: When the plaintiffs desired to send a telegram they would ring the messenger call in their store and a messenger would' be dispatched from the local office of the defendant in the neighborhood,, under the charge of one, Morrell, who would receive the message and…
2Cases cited4 opinions
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Union National Bank of Troy v. Sixth Bank of New YorkNew York Court of Appeals · 1871
- Birkett v. Postal Telegraph-Cable Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by17 opinions
- Bunge Corp. v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1972
- Billups Petroleum Co. v. Hardin's Bakeries Corp.Mississippi Supreme Court · 1953
- Morrison v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1913
- Greenough v. United States Life InsuranceSupreme Court of Vermont · 1922
- Fein v. WeirAppellate Division of the Supreme Court of the State of New York · 1908
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