Small Business Grants And Resources For Women / Law School Case Briefs | Legal Outlines | Study Materials: Western Union Telegraph Co. V. Hill Case Brief

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WESTERN UNION TELEGRAPH CO. v. HILL. Reynolds and Presson, patent counsel for Western Union, gave similar testimony with respect to the Dirkes patent. It is averred in the bill, and admitted by the demurrer, that they threatened and were about to commence proceedings for that purpose.

Western Union Telegraph Company

214, and Gregory v. Stetson, 133 U. Decker further testified that he asked Wilson to continue his relations with Morny and keep him advised of any developments; he also engaged a detective to find out what Morny was doing, in an effort to corroborate what Wilson had told him. This led to discussions between the parties, and, after negotiations over a protracted period, an agreement of settlement was finally reached on April 21, 1931. The contract between the stock exchange and the telegraph companies was made subsequent to the enactment of the statute, [Note p374-2] Manifestly such a contract cannot be pleaded in bar to the valid exercise of the police power under that statute. See, for example, Western Union Telegraph Co. James, 162 U. Francis R. Stark and R. H. Overbaugh, both of New York City (Ralph Kimball and John H. Waters, both of New York City, of counsel), for defendants Western Union Telegraph Co. and Roy B. News Projection Corp. v. Trans-Lux Daylight Picture S. Corp., 2 Cir., 25 F. 2d 633.

773; Crumptons Case, 138 Ala. 632, 36 South. He had little if any capital of his own on December 24, 1934, when he first asked his half-brother, Witherspoon, to assist him in his work. The last case involved the rights of a telephone company under statutes of Tennessee, one of which related in terms to telegraph companies, and the other authorized foreign and domestic corporations to construct, operate, and maintain such telegraph, telephone, and other lines necessary for the speedy transmission of intelligence along and over the public was and streets of the cities and towns of that state. Of Law, as follows: As a general rule, the validity of the contract is to be determined by the law of the place where it is made, unless it appears on its face that it was to be performed or made in reference to the laws of some other place, in which case it will be governed by the laws of the place of performance. One of these machines was installed in the office of Libaire & Company in New York in the fall of that year. §§ 5263 to 5269, inclusive, U. Comp. The act of Congress here in question does not cover the local delivery by the ticker service radiating from Boston offices, to patrons in that city of each of the telegraph companies, of information bought by the telegraph companies and received in interstate commerce, but delivered in intrastate commerce under the circumstances disclosed in the cases at bar.

Western Union Telegraph Key

According to well-settled rules of statutory construction, the validity of a statute, whatever its language, must be determined by its effect or operation, as manifested by the natural and reasonable meaning of the words employed. That a through train left Montgomery at 6:55 a. m., which went through Atlanta and by Gainesville, reaching Gainesville at 2 oclock. When, therefore, the act of 1866 speaks of telegraph companies, it could have meant only such companies as employed the means then used or embraced by existing inventions for the purpose of transmitting messages merely by sounds of instruments and by signs or writings. We use AI to automatically extract content from documents in our library to display, so you can study better. On January 9, 1935, Morny wrote Franklin, district manager at Chicago, on the letterhead of News Projection, advising that the policy of the new corporation would be to close the district offices and eliminate the district managers. Example: there is no assault where the P did not know that a gun was aimed at him with. 607; Cunninghams Case, 99 Ala. 314, 14 South. There was certainly evidence tending to support all the material averments of the complaint, and consequently the general affirmative charge for the defendant could not have been given as to any one of the counts. Answer and Explanation: The Court of Appeals of Alabama ruled that in an assault case, it is not necessary to prove contact, but that the victim was in fear or apprehension... See full answer below. The judgment of the circuit court is reversed, and the case is remanded.

That act relates to the transmission of messages by telegraph in interstate commerce. As such they are entitled to every protection afforded by law to any other private property. There can be no recovery of actual substantive damages for physical injuries or injuries in estate here, for no such damages are claimed. It is not necessary to multiply citations to show the fulness and completeness of the control of Congress over interstate commerce. Hunt, Hill & Betts, of New York City (Harold R. Medina, of New York City, of counsel), for Trans-Lux Corp., P. Furber, and Trans-Lux Movie Ticker Corp. Edward L. Blackman and Walton Clark, Jr., both of New York City (Harold R. Medina, of New York City, of counsel), for News Projection Corp., James W. Decker and F. Huntington Clark. While no analogy between information and chattels can be perfect, the case at bar in principle is indistinguishable from a purchase of a quantity of like books by the telegraph companies in New York for a gross price for the lot, the transportation of these in interstate commerce to their Boston offices, where the original packages are opened and single books sold there to individual. 111, and Illinois Central Railroad v. Railroad Commission of Louisiana, 236 U. The first contention of the appellant is that this action is one against the state within the meaning of the 11th Amendment of the Constitution, declaring that the judicial power of the United States shall not extend to any suit in law or equity against a state by a citizen of another state. Page 370. swiftly coming to the knowledge of those likely to be customers of its members.

Western Union Telegraph Co. V. Hill House

The decision of Judge Thacher holding Claim 3 of the Proctor patent valid and infringed came down on Dec. 14, 1927, and was affirmed by the Circuit Court of Appeals on April 9, 1928. The train he went on made no connection at Atlanta. Upon that question it is not necessary to express any opinion. They were not, however, reached at that time, and Von Briesen and Drews spent a considerable part of the summer in preparation for the trial, which was expected to take place in the fall. Arguments for Both Parties.

The quotations there were transferred by their own employees to instruments of a different character. Hence the acceptance of the provisions of the law by the telegraph company was required to be filed with the postmaster gen- [174 U. See § 30 of that statute. Morny was advised to this effect by letter, dated July 18, 1935, which was delivered to him personally on July 24, 1935. In 1936, Morny was able to place his second type of machine on trial with a few brokerage houses. Finding no error in the record, the case must be affirmed. Under date of February 13, 1889, the Southern Bell Telephone & Telegraph Company filed with the postmaster general its written acceptance of the restrictions and obligations of the above act of July 24, 1866. Hill, 643 South Lawrence Street, Montgomery.

Central he got a call from the chief clerk at Atlanta. That transaction, so far as touches compensation, is entirely between their patrons and the telegraph companies.