Hoskins v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Henry Circuit Court, Hon. James B. Gantt, Judge. The material facts are set forth in the opinion of the court. I. The court erred in admitting the account of sales from Ms commission men, of the cattle shipped. It was no legal proof of the value of the stock at St. Louis, or of their weight. The court erred, also, in admitting the report of Campbell, Lancaster & Co., as to sales of the stock.
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Appeal from Henry Circuit Court, Hon. James B. Gantt, Judge. The material facts are set forth in the opinion of the court. I. The court erred in admitting the account of sales from Ms commission men, of the cattle shipped. It was no legal proof of the value of the stock at St. Louis, or of their weight. The court erred, also, in admitting the report of Campbell, Lancaster & Co., as to sales of the stock. It is not a general market report, but only a private communication or circular letter, from one commission house. R. R. Co. v. Johnson, 42 Ala. 242; 1 Greenl. Evid., sect. 124; Fougue v.…
1Opinion of the CourtHall, J.
This is an action begun before a justice of the peace, upon a verbal contract, for the failure of defendant to deliver cars for the transportation of stock on the day agreed upon in the contract. The statement in this case is, in all essential respects, the same as the petition in the case of Harrison v. The Mo. Pacific Railway Co. (74 Mo. 364).
Judgment by default was rendered against the defendant. The defendant appealed to the circuit court.
During the trial the plaintiff in testifying said, among other things: “My commission men gave an account of sales, which shows the weights of my…
2Cases cited5 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- State v. SuttonSupreme Court of Missouri · 1876
- Fougue v. BurgessSupreme Court of Missouri · 1880
- Coble v. McDanielSupreme Court of Missouri · 1863
- Golson v. EbertSupreme Court of Missouri · 1873
3Cited by3 opinions
- Bloom's Son Co. v. HaasMissouri Court of Appeals · 1908
- Hess v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1890
- Kneeland v. Great Western Elevator Co.North Dakota Supreme Court · 1899