Syme v. Steamboat Indiana
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The petition in this case is as follows: “ Plaintiffs state that they have a demand against said steamboat Indiana, amounting to the sum of $323.39, damages and charges, for that the master of said boat, as also Stoops, clerk of said boat, in navigating the waters of this state, undertook and agreed by his certain writing, which is hereto annexed and made part hereof, signed by said clerk in behalf of said boat, to carry and transport…
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Appeal from St. Louis Circuit Court. The petition in this case is as follows: “ Plaintiffs state that they have a demand against said steamboat Indiana, amounting to the sum of $323.39, damages and charges, for that the master of said boat, as also Stoops, clerk of said boat, in navigating the waters of this state, undertook and agreed by his certain writing, which is hereto annexed and made part hereof, signed by said clerk in behalf of said boat, to carry and transport certain goods, wares and merchandise, the property of plaintiffs, to-wit, one case of merchandise, from the port of New…
1Opinion of the CourtRichardson, Judge
The only question in this case is whether the petition is sufficient to support the judgment. It will be observed that the petition omits to charge that the defendant was a common carrier or that the goods were ever received, or that the defendant had converted them, or that there was any con*337sideration for tbe alleged -undertaking. The defendant did not demur, but in tbe answer denied the allegations in the petition, and took the objection, on the trial, that the petition did not state facts sufficient to constitute a cause of action, and opposed the introduction of any evidence on the part…
2Cases cited3 opinions
- Welch v. BryanSupreme Court of Missouri · 1859
- Gould v. GlassNew York Supreme Court · 1855
- Andrews v. LynchSupreme Court of Missouri · 1858
3Cited by3 opinions
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- Field v. StaggSupreme Court of Missouri · 1873
- Frazer v. RobertsSupreme Court of Missouri · 1862