William W. Cook's Appellate Cases

As reported in LexisNexis[1]

This page is a work in progress.

Dec. 20, 1888

Newberry v. Robinson, Circuit Court, S.D. New York, 36 F. 841; 1888 U.S. App. LEXIS 2690, December 20, 1888.

Overview: Mrs. Newberry sued, after Mr. Newberry’s death, stockholders of an Ohio corporation to recover a judgment rendered Mr. Newberry before he died. Cook represented Mrs. Newberry

Feb. 3, 1890

Newberry v. Robinson, Circuit Court, S.D. New York, 41 F. 458; 1890 U.S. App. LEXIS 2025, February 3, 1890

Overview: The administratrix of a creditor's estate and the creditor's partner were not liable on account of the fact that the creditor owned stock in a railway in a bill to enforce the personal liability of the railway's stockholders. Cook represented Mrs. Newberry.

Apr 8, 1891

Rutherford v. Massachusetts Mut. L. Ins. Co., Circuit Court, S.D. New York, 45 F. 712; 1891 U.S. App. LEXIS 1824, April 8, 1891

Overview: Where a pledgor of securities entered into a subsequent agreement that the pledgee could sell the securities and apply the proceeds to his outstanding indebtedness on a promissory note, he had no cause of action to recover the securities. Cook represented Rutherford.

June 6, 1890

Carter v. Good, [NO NUMBER IN ORIGINAL], SUPREME COURT OF NEW YORK, GENERAL TERM, FIRST DEPARTMENT, 10 N.Y.S. 647; 1890 N.Y. Misc. LEXIS 906; 57 Hun 116, June 6, 1890, Decided

Overview: A decedent's daughter was entitled to examine her guardian, who was also the estate administrator, regarding the sale and his subsequent purchase of the estate's stock. The guardian occupied a double fiduciary role and possessed the knowledge. Cook represented Ms. Carter.

Dec. 20, 1895

Boston Safe-Deposit & T. Co. v. Mackay, Circuit Court, S.D. New York, 70 F. 801; 1895 U.S. App. LEXIS 3236, December 20, 1895. Cook represented Mackay and succeeded in removing the action against Mackay to federal court. This opinion denies plaintiff’s motion to remand to state court.

Jan 28, 1896

Farmers' Loan & Trust Co. v. Bankers' & Merchants' Tel. Co., [NO NUMBER IN ORIGINAL], Court of Appeals of New York, 148 N.Y. 315; 42 N.E. 707; 1896 N.Y. LEXIS 558, January 20, 1896, Argued, January 28, 1896, Decided. Cook represented the Telegraph Co.

Overview: A bank that failed to exercise its right to participate in the distribution of the company's property that was in the hands of a receiver could not then claim that it had a preferred claim against the property.

Feb. 1896

Philadelphia v. Postal Tel. Cable Co., [NO NUMBER IN ORIGINAL], SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 1 A.D. 387; 37 N.Y.S. 291; 1896 N.Y. App. Div. LEXIS 109, February, 1896, Decided. Cook represented Postal.

Feb. 18, 1896

Williams v. Montgomery, [NO NUMBER IN ORIGINAL], Court of Appeals of New York, 148 N.Y. 519; 43 N.E. 57; 1896 N.Y. LEXIS 578, January 30, 1896, Argued, February 18, 1896, Decided. Cook represented Montgomery.

Overview: A shareholder agreement to sell treasury stock only for six months in order to finance the corporation and to avoid selling treasury stock in competition with private stock was a reasonable regulation and was not a restraint on trade.

March 20, 1896

O'Beirne v. Bullis, [NO NUMBER IN ORIGINAL], SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2 A.D. 545; 38 N.Y.S. 4; 1896 N.Y. App. Div. LEXIS 384, March, 1896, Decided

Overview: Bondholder was entitled to maintain action for specific performance of mortgagors' contract with bond issuer because he was considered in equity as assignee of bond issuer's interest in contract and he alleged request to trustee to enforce contract. Cook represented Mills W. Barse, a defendant who did not own land he put up as security.

Jan 19, 1897

O'Beirne v. Allegheny & K. R. Co., [NO NUMBER IN ORIGINAL], Court of Appeals of New York, 151 N.Y. 372; 45 N.E. 873; 1897 N.Y. LEXIS 839, December 7, 1896, Argued, January 19, 1897, Decided

Overview: Bondholders, who alleged that a railroad and its organizers had sold bonds that were not backed by the 46,000 acres of timber that had been described, could proceed in law against the railroad even though specific performance was impossible. A continuation of the case in which Cook represented defendant Barse.

March 1897

Dunlap v. Toy, [NO NUMBER IN ORIGINAL], SUPREME COURT OF NEW YORK, APPELLATE TERM, 19 Misc. 627; 44 N.Y.S. 388; 1897 N.Y. Misc. LEXIS 144, March, 1897, Decided. Cook interpleaded the Postal when it was asked to assign defendants’ wages to repay a lender for an advance on wages.

Overview: A father and sons engaged in lending money to workers and obtaining assignments of wages were engaged in one business. Because the loan agreements were usurious, no part of the loans could be recovered, and assignments taken to secure them were void.

Oct 4, 1898

Cox v. Stokes, [NO NUMBER IN ORIGINAL], Court of Appeals of New York, 156 N.Y. 491; 51 N.E. 316; 1898 N.Y. LEXIS 722, June 17, 1898, Argued, October 4, 1898, Decided

Overview: Judgment for promisor and associated individuals in contract dispute involving reorganization committee was improper because contract between the parties was never rescinded or abandoned by promisor's statement that he could not perform.

December, 1898

Dwight v. Williams, [NO NUMBER IN ORIGINAL], SUPREME COURT OF NEW YORK, SPECIAL TERM, ONEIDA COUNTY, 25 Misc. 667; 55 N.Y.S. 201; 1898 N.Y. Misc. LEXIS 882, December, 1898, Decided

Overview: Payments made by members of a corporate board of trustees upon promissory notes they executed in the name of the corporation were not void because there was no evidence of fraudulent intent in making the payments.

March 24, 1899

O'Beirne v. Bullis, [NO NUMBER IN ORIGINAL], Court of Appeals of New York, 158 N.Y. 466; 53 N.E. 211; 1899 N.Y. LEXIS 697, January 17, 1899, Argued, February 28, 1899, Decided, Motion for reargument submitted March 20, 1899; Denied March 24, 1899.

Overview: In an action for specific performance of a contract, a motion for a jury trial was properly denied where the cause of action of specific performance of a contract was one that was triable before the trial court without a jury.

Feb. 26, 1900

The William H. Bailey, No. 1,209, District Court, D. Connecticut, 100 F. 115; 1900 U.S. Dist. LEXIS 378, February 26, 1900

Overview: A cable company was entitled to damages in libel action to recover for interruption of cable service because schooner's mates cut the cable, and schooner was guilty of either of willful injury or culpable negligence in cutting the cable.

March, 1900

Cook v. Lake, [NO NUMBER IN ORIGINAL], SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT, 50 A.D. 92; 63 N.Y.S. 818; 1900 N.Y. App. Div. LEXIS 936, March, 1900, Decided

Overview: A judgment in favor of a receiver in his action to set aside as fraudulent and void a conveyance of land by a debtor to his son and daughter had to be reversed because the final grantee of the property had not been made a party to the action

March 4, 1901

Kelsey v. New E. S. R. Co., [NO NUMBER IN ORIGINAL], COURT OF ERRORS AND APPEALS OF NEW JERSEY, 62 N.J. Eq. 742; 48 A. 1001; 1900 N.J. LEXIS 234, November, 1900, Decided, March 4, 1901, Filed

Nov. 14, 1901

The William H. Bailey, No. 6, Circuit Court of Appeals, Second Circuit, 111 F. 1006; 1901 U.S. App. LEXIS 4468, November 14, 1901

Mar 12, 1903

Shevalier v. Postal Tel. Co., No. 26, Jan. T., 1903, SUPERIOR COURT OF PENNSYLVANIA, 22 Pa. Super. 506; 1903 Pa. Super. LEXIS 250, January 19, 1903, Argued, March 12, 1903, Decided

Overview: Although a landowner did not own her land when a telegraph company strung its line across it, and although there were no damages, because the company never compensated any landowner for the right to its presence, the owner was entitled to judgment.

May 31, 1904

Agle v. Postal Tel. Cable Co., [NO NUMBER IN ORIGINAL], Court of Appeals of New York, 178 N.Y. 627; 71 N.E. 1127; 1904 N.Y. LEXIS 892, May 9, 1904, Argued, May 31, 1904, Decided

Oct. 1905

Gilman v. Postal Tel. Co., [NO NUMBER IN ORIGINAL], SUPREME COURT OF NEW YORK, APPELLATE TERM, 48 Misc. 372; 95 N.Y.S. 564; 1905 N.Y. Misc. LEXIS 419, October, 1905, Decided

Overview: A customer was not entitled to relief in her action to recover damages from a package containing money that was not delivered by the common carrier because the customer fraudulently concealed the package's contents.

Apr 5, 1907

Wilmerding v. Postal Tel. Cable Co., [NO NUMBER IN ORIGINAL], SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 118 A.D. 685; 103 N.Y.S. 594; 1907 N.Y. App. Div. LEXIS 737, April 5, 1907, Decided

Overview: A principal, a telegraph company, was liable to the third party for the unlawful and fraudulent acts of its agents, telegraph messengers, because the messengers' acts were done within the apparent scope of their authority.

June 7, 1907

Halsted v. Postal Tel. Cable Co., [NO NUMBER IN ORIGINAL], SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, 120 A.D. 433; 104 N.Y.S. 1016; 1907 N.Y. App. Div. LEXIS 1206, June 7, 1907, Decided

Overview: A telegraph company that incorrectly transmitted a message was not liable to the recipients for consequential damages that resulted from the recipients' reliance on the error because the sender had agreed to a limitation of liability.

June 12, 1908

Wilmerding v. Postal Tel. Cable Co., [NO NUMBER IN ORIGINAL], Court of Appeals of New York, 192 N.Y. 580; 85 N.E. 1118; 1908 N.Y. LEXIS 1001, May 29, 1908, Argued, June 12, 1908, Decided

Nov 10, 1908

Halsted v. Postal Telegraph-Cable Co., [NO NUMBER IN ORIGINAL], Court of Appeals of New York, 193 N.Y. 293; 85 N.E. 1078; 1908 N.Y. LEXIS 647, October 22, 1908, Argued, November 10, 1908, Decided

Overview: The telegraph company could reasonably limit its liability for mistakes which occurred while sending messages and the contract requirement for the repetition of messages was a reasonable safeguard against mistakes.

June 7, 1910

Weld v. Postal Tel. Cable Co., [NO NUMBER IN ORIGINAL], Court of Appeals of New York, 199 N.Y. 88; 92 N.E. 415; 1910 N.Y. LEXIS 1218, May 17, 1910, Argued, June 7, 1910, Decided

Overview: A trial judge should have instructed the jury that a telegraph company that transmitted an erroneous message regarding the sale of cotton was not liable for damages if the sender and recipient only intended to speculate on the price of cotton.

Nov 2, 1910

Postal Tel. Cable Co. v. Louisville Cotton Seed Oil Co., [NO NUMBER IN ORIGINAL], COURT OF APPEALS OF KENTUCKY, 140 Ky. 506; 131 S.W. 277; 1910 Ky. LEXIS 302, November 2, 1910, Decided

Overview: A telegraph company was unable to rely upon a defense that an enforceable contract existed between a vendor and a vendee in the vendor's action for failure to deliver a telegram because the vendor's acceptance merely gave a broker authority to sell.

Jan 19, 1912

Weld v. Postal Telegraph-Cable Co., [NO NUMBER IN ORIGINAL], Supreme Court of New York, Appellate Division, First Department, 148 A.D. 588; 133 N.Y.S. 228; 1912 N.Y. App. Div. LEXIS 5945, January 19, 1912

Overview: Trial court properly charged that gross negligence could not be found upon specific details of telegraph company's action of transmitting order for sale of cotton, and that it was for jury to whether, from all details, they found gross negligence.

Oct. 31, 1912

Postal Tel. & Cable Co. v. Pittsburgh, No. 196, Supreme Court of Pennsylvania, 238 Pa. 589; 86 A. 480; 1913 Pa. LEXIS 1015, October 31, 1912, Argued, January 6, 1913

Nov. 1, 1912

Grand Island v. Postal Tel. Cable Co., No. 16,840., SUPREME COURT OF NEBRASKA, 92 Neb. 253; 138 N.W. 169; 1912 Neb. LEXIS 31, November 1, 1912, Filed

July, 1913

Warner v. Morgan, [NO NUMBER IN ORIGINAL], Supreme Court of New York, Special Term, New York County, 81 Misc. 685; 143 N.Y.S. 516; 1913 N.Y. Misc. LEXIS 1232, July, 1913

Overview: Contracts between a contracting party and a corporation for service by contracting party as agent on commission were not ultra vires, so a stockholder's claims for accounting which did not allege fraud or dishonesty were dismissed as not reviewable.

Dec 30, 1913

Weld v. Postal Tel. Cable Co., [NO NUMBER IN ORIGINAL], Court of Appeals of New York, 210 N.Y. 59; 103 N.E. 957; 1913 N.Y. LEXIS 749, October 29, 1913, Argued, December 30, 1913, Decided

Overview: The evidence was insufficient to show gross negligence where sender did not establish that telegraph company lacked slight care, but rather, company's failure to verify details was reasonable where sender paid for an unrepeated, uninsured message.

Jan 14, 1914

People ex rel. Western Union Tel. Co. v. Public Service Com., [NO NUMBER IN ORIGINAL], Supreme Court of New York, Appellate Division, Third Department, 160 A.D. 144; 145 N.Y.S. 545; 1914 N.Y. App. Div. LEXIS 4733, January 14, 1914

Overview: Intent of Public Service Commission's order was to stop telegraph company from charging for words it added to messages transferred to it by others, and merely changing the words the telegraph company added did not comply with Commission's order.

Apr 28, 1914

People ex rel. Western Union Tel. Co. v. Public Service Com., [NO NUMBER IN ORIGINAL], Court of Appeals of New York, 211 N.Y. 542; 105 N.E. 1095; 1914 N.Y. LEXIS 1120, April 14, 1914, Argued, April 28, 1914, Decided

July 23, 1914

Corcoran v. Postal Telegraph-Cable Co., No. 11737 , Supreme Court of Washington, 80 Wash. 570; 142 P. 29; 1914 Wash. LEXIS 1362, July 23, 1914

Overview: A telegraph company was not liable for damages for mental suffering, independent of physical or financial injury, resulting from the negligent delay in the delivery of a telegram containing information about the customers' child's serious illness.

Sept. 15, 1915

In re Postal Telegraph-Cable Co., [NO NUMBER IN ORIGINAL], Supreme Court of New York, Appellate Division, Third Department, 169 A.D. 382; 154 N.Y.S. 997; 1915 N.Y. App. Div. LEXIS 9109, September 15, 1915

Overview: A postal company was not entitled to relief on its application to enforce an order against a telegraph company to pay charges for out-of-state messages brought within a state where the order the postal company sought to enforce never existed.

Jan. 13, 1916

Postal Telegraph-Cable Co. v. Norfolk, [NO NUMBER IN ORIGINAL], SUPREME COURT OF VIRGINIA, 118 Va. 455; 87 S.E. 555; 1916 Va. LEXIS 26, January 13, 1916

Overview: A city was entitled to impose a license tax upon a telegraph company that was graduated according to the amount of business done. Company could not use arbitrary formulas to prove that tax was illegal burden on interstate commerce and confiscatory.

Feb. 8, 1916

Peoria v. Postal Telegraph-Cable Co., Gen. No. 6,207., COURT OF APPEALS OF ILLINOIS, SECOND DISTRICT, 200 Ill. App. 218; 1916 Ill. App. LEXIS 56, February, 1916, Decided, February 8, 1916, Opinion Filed

Overview: An ordinance requiring a telegraph company to pay a annual fee for each of the poles it used to support of telegraph wires was valid and reasonable because the ordinance was a licensing ordinance as opposed to a rental ordinance.

Oct. 24, 1916

Peoria v. Postal Telegraph-Cable Co., Supreme Court of Illinois, 274 Ill. 568; 113 N.E. 968; 1916 Ill. LEXIS 2498, October 24, 1916.

Overview: An ordinance of City of Peoria imposing fee on company for use of the City's poles and streets to string telegraph wire used in interstate commerce was constitutional; there was a right to impose reasonable fee incident to license granted to company.

July, 1917

Commercial Cable Co. v. Philipp Bauer Co., [NO NUMBER IN ORIGINAL], Municipal Court of the City of New York, 100 Misc. 663; 165 N.Y.S. 399; 1917 N.Y. Misc. LEXIS 941, July, 1917

Overview: A cable company was entitled to recover tolls from a customer. The customer alleged that many cables never reached their foreign destinations, but the cable company was only obligated to transmit the messages over its cable running to Ireland.

Feb. 15, 1918

People ex rel. Postal Telegraph-Cable Co. v. State Board of Tax Comm'rs, [NO NUMBER IN ORIGINAL], Supreme Court of New York, Appellate Division, First Department, 181 A.D. 777; 169 N.Y.S. 139; 1918 N.Y. App. Div. LEXIS 4401, February 15, 1918

Overview: In an action by a telegraph company against a state board of tax commissioners tax assessments levied against the company's special franchises were appropriate because the franchises were property rights and interests in and appurtenant to land.

March, 1918

Commercial Cable Co. v. Philipp Bauer Co., [NO NUMBER IN ORIGINAL], Supreme Court of New York, Appellate Term, First Department, 102 Misc. 699; 169 N.Y.S. 450; 1918 N.Y. Misc. LEXIS 932, March, 1918

Overview: A cable company was not entitled to recover for certain messages that it allegedly transmitted on behalf of the customer because the cable company failed to show that it had actually "transmitted" and "delivered" the messages.

Apr 29, 1918

State v. Postal Telegraph-Cable Co., No. 14209 , Supreme Court of Washington , 101 Wash. 630; 172 P. 902; 1918 Wash. LEXIS 921, April 29, 1918

Overview: In suit by State of Washington for premiums, remand was needed to determine if time of telegraph company's employees that transmitted messages was separable into interstate and intrastate commerce; if not, the Industrial Insurance Act did not apply.

July 11, 1918

Postal Telegraph-Cable Co. v. Associated Press, Action No. 1, Supreme Court of New York, Appellate Division, First Department, 184 A.D. 590; 171 N.Y.S. 791; 1918 N.Y. App. Div. LEXIS 6116, July 11, 1918

Overview: In a telegraph company's action for rent due under leases of its telegraph lines to a news service, the company's fee was properly reduced. Under the Interstate Commerce Act, the company's rates in similar circumstances had to be uniform.

July 12, 1918

People ex rel. Postal Telegraph-Cable Co. v. State Board of Tax Comm'rs, [NO NUMBER IN ORIGINAL], Court of Appeals of New York, 224 N.Y. 167; 120 N.E. 192; 1918 N.Y. LEXIS 870, May 31, 1918, Argued, July 12, 1918, Decided

Overview: A tax assessment on the taxpayer's special franchise was valid where the New York legislature intended to tax the franchise within its jurisdiction and power and did not tax the franchise that was granted to the taxpayer by the federal government.

Dec. 4, 1918

State Public Utilities Com. ex rel. Chicago Tel. Co. v. Postal Telegraph-Cable Co., No. 12019., Supreme Court of Illinois, 285 Ill. 411; 120 N.E. 795; 1918 Ill. LEXIS 878, October 21, 1918, Leave to file second petition for rehearing denied December 4, 1918.

Overview: Telegraph company that modified its equipment to provide telephone service did not have to obtain a public utilities commission certificate of public convenience and necessity because the services were not substantially different in character

Dec 17, 1918

Postal Telegraph-Cable Co. v. Decatur, No. 8 Div. 377., COURT OF APPEALS OF ALABAMA, 16 Ala. App. 684; 81 So. 204; 1918 Ala. App. LEXIS 315, November 26, 1918, Decided, On Rehearing, December 17, 1918. Reported at 16 Ala. App. 684 at 685.

1919

Jan. 20, 1919

Postal Telegraph-Cable Co. v. Tonopah & T. R. Co., Nos. 130, 217, 404, SUPREME COURT OF THE UNITED STATES, 248 U.S. 471; 39 S. Ct. 162; 63 L. Ed. 365; 1919 U.S. LEXIS 2275, Argued January 7, 9, 1919, January 20, 1919

Overview: In three actions involving contracts between telegraph companies and railroad companies to exchange services on the line as well as off the line, the contracts were properly found to be valid. The words of 1 of the Act to Regulate Commerce, as amended, 36 Stat. 539, 544, allowed services off the line as well as services on it to be exchanged.

May 3, 1919

Fremont v. Postal Telegraph-Cable Co., No. 20419., SUPREME COURT OF NEBRASKA, 103 Neb. 476; 172 N.W. 525; 1919 Neb. LEXIS 92, May 3, 1919, Filed

June 9, 1919

Commercial Cable Co. v. Burleson, Nos. 815, 816., SUPREME COURT OF THE UNITED STATES, 250 U.S. 360; 39 S. Ct. 512; 63 L. Ed. 1030; 1919 U.S. LEXIS 1755, Argued March 7, 1919., June 9, 1919, Decided

Overview: The appeal of an order dismissing cable companies' action to enjoin the Postmaster General from interfering with their property under a Presidential proclamation for the Postmaster to take possession and control of cable lines, was rendered moot after the Postmaster returned all property and revenue therefrom to the companies.

April 13, 1920

Postal Telegraph-Cable Co. v. Associated Press, [NO NUMBER IN ORIGINAL], Court of Appeals of New York, 228 N.Y. 370; 127 N.E. 256; 1920 N.Y. LEXIS 944, March 9, 1920, Argued, April 13, 1920, Decided

Overview: In an action to recover compensation for the use of private wires, a telegraph company's recovery was limited to the prevailing rate rather than the contract rate because the telegraph company unjustly discriminated against the customer.

July 8, 1920

People ex rel. Western Union Tel. Co. v. Public Service Com., [NO NUMBER IN ORIGINAL], Supreme Court of New York, Appellate Division, Third Department, 192 A.D. 748; 183 N.Y.S. 659; 1920 N.Y. App. Div. LEXIS 7549, July 8, 1920

Overview: A public service commission had no authority to order a telegraph company to promote the business interests of its rival postal company by taking management affairs from the telegraph company and placing it in the postal company.

Nov. 30, 1920

People ex rel. Western Union Tel. Co. v. Public Service Com., [NO NUMBER IN ORIGINAL], Court of Appeals of New York, 230 N.Y. 95; 129 N.E. 220; 1920 N.Y. LEXIS 561; 12 A.L.R. 960, September 30, 1920, Argued, November 30, 1920, Decided

Overview: Although a public service commission correctly ordered a postal company and a union company to accept and transmit telegrams for each other, the commission could not require the union company to reinstate a charge account for the postal company.

Jan 20, 1921

Woods v. Postal Telegraph-Cable Co., (7 Div. 58.), SUPREME COURT OF ALABAMA, 205 Ala. 236; 87 So. 681; 1920 Ala. LEXIS 421; 27 A.L.R. 834, October 14, 1920, Decided, Rehearing Denied Jan. 20, 1921.

Overview: The lease provisions that allowed the lessor to terminate the lease for property improvements was unenforceable for minor improvements that did not substantially effect the structure of the building or its rental value.