Johnson v. Steamboat Lehigh
Supreme Court of Missouri
ERROR TO ST. LOUIS COURT OF COMMON PLEAS. This was an action under the statute entitled an act concerning Boats and Vessels, brought to the September term, 1847, of the St. Louis Court of Common Pleas, by the plaintiff against the Steamboat Lehigh, for the mal-performance of a contract of affreightment.
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ERROR TO ST. LOUIS COURT OF COMMON PLEAS. This was an action under the statute entitled an act concerning Boats and Vessels, brought to the September term, 1847, of the St. Louis Court of Common Pleas, by the plaintiff against the Steamboat Lehigh, for the mal-performance of a contract of affreightment. A warrant issued and the boat was seized by the sheriff of St. Louis county, and afterwards discharged by the sheriff on bond being given under the 9th section of the above mentioned act. The said bond was signed, sealed and delivered by Oliver Harris, Lewis P. Lacey and others as securities,…
1Opinion of the CourtRyland, J.
From the above statement there is only one question for our adjudication. That is, does the omission of the names of Harris and Lacey in the body of the bond, though the bond is executed by them otherwise, render the bond void as to them ? The plaintiffs in this court contend that it does not; the defendants that it does.
The defendants rely upon the cases reported in 10 Mo. R. Adams ei al. v. Wilson, 341, and Wood & Oliver v. Ellis, 382. In these cases this court did decide upon the authority of Tucker’s Com. 205, that such omission of the names of the persons in the body of the bond,…
2Cited by2 opinions
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