Winston v. Taylor
Supreme Court of Missouri
Error to Miller Circuit Court. Claybrook’s testimony, referred to in the opinion of tlie court, was to the following effect, that he had heard Taylor say in California to some of the plaintiffs that he had sold his interest in the ranche, and intended coming home to Missouri and told them to go down and see about their stock ; that “ they talked like they would go down.”
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Error to Miller Circuit Court. Claybrook’s testimony, referred to in the opinion of tlie court, was to the following effect, that he had heard Taylor say in California to some of the plaintiffs that he had sold his interest in the ranche, and intended coming home to Missouri and told them to go down and see about their stock ; that “ they talked like they would go down.” The fifth and sixth instructions alluded to are as follows: “5. If Taylor sold his interest in the ranche and notified defendants or either of them to go and get their stock, the defendant can not be affected by the…
1Opinion of the CourtRichaRDSON, Judge
The defendant and his partners, who kept a “ ranche” in California', received of the plaintiffs, in September, 1850, eight horses and seven mules to be herded on their ranche, for which the plaintiffs were to pay three dollars per head each month. By this contract the defendant did not insure the safety of the stock, but was only bound to take ordinary and reasonable care of it, and was only responsible for ordinary negligence. (Story, Bail. § 443.)
The amended petition on which the action was tried, after setting out the contract and its legal effect, averred that though the plaintiffs…
2Cases cited3 opinions
- Smith v. RossSupreme Court of Missouri · 1842
- Bell v. ThompsonSupreme Court of Missouri · 1831
- Holden v. McFaulSupreme Court of Missouri · 1855
3Cited by7 opinions
- Latimer v. Union Pacific RailwaySupreme Court of Missouri · 1868
- Irwin v. ChilesSupreme Court of Missouri · 1859
- Thummel v. KrewsonMissouri Court of Appeals · 1989
- Cummings v. MastinMissouri Court of Appeals · 1891
- Ewing v. ReillySupreme Court of Missouri · 1863
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