WESTERN UNION CO. v. NESTER

No. 597.

309 U.S. 582 (1940)

WESTERN UNION TELEGRAPH COMPANY v. NESTER ET AL.

Supreme Court of United States.

Decided April 22, 1940.


Attorney(s) appearing for the Case

Mr. Francis R. Stark, with whom Messrs. Alfred Sutro, Oscar Lawler, and Francis R. Kirkham were on the brief, for petitioner.

Mr. Earl C. Demoss, with whom Mr. George J. Hider was on the brief, submitted for respondents.


MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

Respondents, Nester and Charles, are partners in mining operations near Aramecina, Republic of Honduras. September 1, 1937, at Los Angeles, California, petitioner, the Telegraph Company, in the ordinary course of business, received from Nester one hundred and fifty dollars for transmission by unrepeated message and delivery to Charles at Aramecina. It failed so to do.

In a "Complaint for damages for...

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