Horace E. Hall v. Western Union Telegraph Company

WHITFIELD, C. J. -- The declaration contains several counts in which it is alleged in brief that Hall delivered to the telegraph company several messages to be transmitted to commission houses in cities in different States. ""And paid to the agent representing the defendant * * * the toll or charge of the defendant for transmitting the said several messages aforesaid, * * * that said several messages related to, and contained offers to sell by plaintiff to the said several commission houses, aforesaid, fruits, vegetables and produce, which plaintiff avers said commission merchants would have accepted but for the wilful and fraudulent acts of the defendant,"" in that plaintiff had built up and enjoyed a good business with the said commission houses, that it was necessary to communicate with them by wire over defendant's line, that it was customary and proper for the plaintiff to prepay charges, that though the charges were prepaid, the defendant wilfully and fraudulently transmitted the messages as collect messages, and collected again for the same, by reason whereof the plaintiff was injured because as the messages were sent collect, the said commission houses paid the charges and refused to do business with plaintiff, or to advise him of the receipt of the telegrams, whereby plaintiff was prevented from purchasing and selling large quantities of fruits, vegetables and produce to said commission merchants as the market existed; and that at the time plaintiff could have purchased and sold to said merchants at a profit large quantities of fruits and produce, and but for the failure of defendant to send the messages