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Western Union Telegraph Co. v. Nester, 309 U.S. 582 (1940)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Western Union Telegraph Co. v. Nester, 309 U.S. 582 (1940)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 309 U.S. 572, click here.
Western Union Telegraph Co. v. Nester No. 597 Argued March 8, 1940 Decided April 22, 1940 309 U.S. 582
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
A telegraph company undertook to transmit a money order, the contract providing that it should not be liable for damages for delay or nonpayment, though due to negligence,
beyond the sum of five hundred dollars, at which amount the right to have this money order promptly and correctly transmitted and promptly and fully paid is hereby valued.
Held, that the sum specified was not intended to prescribe a definite liability (liquidated damages), but is a limitation upon the maximum permissible recovery for actual loss or damage properly alleged and shown by evidence. P. 587.
106 F.2d 587 reversed.
Certiorari, post, p. 643, to review the affirmance of a judgment against a telegraph company in an action for breach of a money order contract. 25 F.Supp. 478.
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Chicago: U.S. Supreme Court, "Syllabus," Western Union Telegraph Co. v. Nester, 309 U.S. 582 (1940) in 309 U.S. 582 309 U.S. 583. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=53F9QJGY8XWSLHC.
MLA: U.S. Supreme Court. "Syllabus." Western Union Telegraph Co. v. Nester, 309 U.S. 582 (1940), in 309 U.S. 582, page 309 U.S. 583. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=53F9QJGY8XWSLHC.
Harvard: U.S. Supreme Court, 'Syllabus' in Western Union Telegraph Co. v. Nester, 309 U.S. 582 (1940). cited in 1940, 309 U.S. 582, pp.309 U.S. 583. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=53F9QJGY8XWSLHC.
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