Western Union Telegraph Co. v. Sweeney

On Rehearing.

LESLIE, Justice.

•Pulliam & Co., brokers, were carrying 100 shares of General Motors Stock for the plaintiff H. B; Sweeney on margins. By the negligence or failure of the Western Union Telegraph Company promptly to deliver a telegram notifying Sweeney of a demand for additional margins, the transaction was closed out on September 13, 1932. The plaintiff Sweeney instituted this suit against the Telegraph Company to recover $402.50 damages, the amount remaining after deducting $12.50 left of the original margin. The sum sought to be .recovered embraces the initial payment, purchase…