Julius Hart, Appellant, v. The Direct United States Cable Company (Limited), Respondent

Julius Hart, Appellant, v. The Direct United States Cable Company (Limited), Respondent. (Argued October 13, 1881; decided October 25, 1881.) This action was brought to recover damages for alleged negligence. It appeared that one Hertz at Stuttgart had in his possession twenty-three “Central Pacific Joaquin Branch'bonds ” belonging to plaintiff. In November, 1875, Hertz telegraphed to plaintiff as follows: “ Joaquin unsalable, sell the twenty-three, or what ? Answer.” Plaintiff delivered to defendant the following message in reply : “ Unsalable account Missouri, Pacific troubles, Hatch says hold undoubted.” The message as delivered read “Unsalable account Missouri, pacific troubles, Hatch says sold undoubled.” • Hertz, interpreting this as an order to sell, sold the bonds at a loss, .to recover which this action was brought. Held, that plaintiff was properly non-suited ; that the negligence of defendant was not the cause of the loss, as the message delivered was an unintelligible jargon, and plaintiff’s agent in treating it as an order to sell took the risk of the interpretation. Edwin, M. Felt for appellant. Lewis J. Delafield for respondent. [MAJORITY — Per curiam] Per curiam opinion for dismissal of appeal. All concur. Appeal dismissed.