Postal Telegraph-Cable Co. v. Craig

Citations

• 106 Miss. 279
• 63 So. 573

Syllabus

<p>1. Set-off and Counterclaim. Recoupment. Appeal and error. Barmless error. Telegraphs and telephones. Messages. Agency of Messenger.</p> <p>In a suit by a telegraph company on an open account for tolls due for transmitting messages, a claim by defendant 'for damages from delay in delivering one of such messages can be set up by defendant by way of recoupment, and a judgment allowing such claim will not be set aside on the ground that it was erroneously allowed as a set-off under the statute, no judgment over against the plaintiff having been entered.</p> <p>2. Telegraphs and Telephones. Messages. Receipt by *the company. Agency of messenger.</p> <p>Whereupon the back of the blank used by the sender under the head of “terms and conditions” was printed, “No responsibility regarding messages attaches to this company until same are presented and accepted at one of its transmitting offices, and if a message is sent to such office by one of the company’s messengers, he acts for that purpose as the agent of the sender,” this merely means that the messenger is made the agent of the sender to get the message to the company, but where the message was in fact delivered to the company’s office, it was charged with notice given the messenger by the sender of the importance of the message.</p>