Western Union Telegraph Co. v. Schriver

Citations

• 129 F. 344
• 64 C.C.A. 96
• 1904 U.S. App. LEXIS 4053

Syllabus

<p>1. Telegraphs — Fraudulent Messages — Parties.</p> <p>Plaintiffs, dealers in live stock, were negotiating a sale of cattle to B., and, pending the negotiations, a fraudulent telegraph message, purporting to have been sent by the Bank of D., was received by the Commercial Bank of B., alleged to have been plaintiffs’ agent for the purpose of receiving an assurance that B.’s check for the cattle would'be paid on presentation; stating that the Bank of D. would honor B.’s draft for a certain amount. The Commercial Bank exhibited the telegram to plaintiffs, who, relying on the genuineness thereof, accepted B.’s check, and delivered the cattle. The check was not paid, B. proved to be insolvent, and the transaction resulted in a loss to plaintiffs of the entire value of the cattle. Sold, in an action against the telegraph company for negligence in sending the same, an instruction based on the theory that it was permissible for the jury to say and to find that the telegraph company was fairly charged by the language of the telegram with notice that some one other than the addressee was intending to act on' the information therein given, and would be affected by it, so as to take the telegram out of the well-recognized rule that a telegraph company cannot be liable to a stranger to the company and to the telegram, was erroneous.</p>