Fargusson v. Winslow
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for' St. Louis county, Stearns, J., presiding, refusing a new trial.
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Appeal by defendant from an order of the district court for' St. Louis county, Stearns, J., presiding, refusing a new trial. The charge of the court referred to in the opinion was as follows: “If this delay in loading was occasioned simply by the vessel waiting her turn to load at the elevator, and she had her turn with other vessels according to their arriving and reporting, then the plaintiff is entitled to a verdict of $200, with interest from the 29th day of October, 1884. If you are satisfied that the only delay was occasioned by the vessel waiting her turn at the elevator, and that she…
1Opinion of the CourtDicKINSon, J.
The plaintiff chartered the steam-barge Egyptian, owned by the defendant, to transport a cargo of wheat from Duluth to Buffalo. There was no special agreement as to the time of delivering or receiving the cargo. The plaintiff was advised, on the 29th of September, that the vessel was ready to take in cargo, but, by reason, as the jury has determined, of other vessels then waiting at the elevators to be loaded, she did not receive her cargo until the vessels so preceding her had been loaded, which was not until the fifth of October. The plaintiff had grain in the elevators for delivery, and…
2Cases cited8 opinions
- Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
- Hackley v. HeadleyMichigan Supreme Court · 1881
- Lafayette & Indianapolis Railroad v. PattisonIndiana Supreme Court · 1872
- Beckwith v. Guy Frisbie & SonsSupreme Court of Vermont · 1860
- Briggs v. . BoydNew York Court of Appeals · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Joannin v. OgilvieSupreme Court of Minnesota · 1892
- First National Bank v. SargeantNebraska Supreme Court · 1902
- State ex rel. McCardy v. NelsonSupreme Court of Minnesota · 1889
- De Graff v. County of RamseySupreme Court of Minnesota · 1891
- Johnson v. FordTennessee Supreme Court · 1922
13 more not listed; retrieve them via the Exa API.