Wolfe v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from 81. Louis City Circuit Court. — Rem. Daniel Dillon, Judge.* (1) The finding and judgment of the court are against the law and are unsupported by the evidence. Malheny v. Mason, 73 Mo. 683 ; The Idaho Case, 93 U. S. 575; Bliven v. Railroad, 36 N.. Y. -403 ; Sweetman «. Prince, 26 N. Y. 232; Bordewell v. Colie, 1 Lansing, 141; King v. Richards, 6 Wheat. 418; Clafiin v. Railroad, 7 Allen, 344 ; Green v. C lark, 12 N. Y. 343 ; Potter v. Lansing, 1 Johns.
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Appeal from 81. Louis City Circuit Court. — Rem. Daniel Dillon, Judge.* (1) The finding and judgment of the court are against the law and are unsupported by the evidence. Malheny v. Mason, 73 Mo. 683 ; The Idaho Case, 93 U. S. 575; Bliven v. Railroad, 36 N.. Y. -403 ; Sweetman «. Prince, 26 N. Y. 232; Bordewell v. Colie, 1 Lansing, 141; King v. Richards, 6 Wheat. 418; Clafiin v. Railroad, 7 Allen, 344 ; Green v. C lark, 12 N. Y. 343 ; Potter v. Lansing, 1 Johns. Rep. 223; Redfield on Railways, (5 Ed.) sec. 191; Dicey on Parties, 87 ; Bliss on Code Pleading, sec. 21; Hutchinson on Carriers,…
1Opinion of the CourtBarclay, J.
Plaintiffs brought this action to recover damages for breach of a contract for the carriage and delivery of seven car-loads of wire. No questions arise requiring any special reference to the pleadings. They properly present the issues made by the facts hereafter discussed. The cause was tried by How. Daniel Dillon, as circuit judge, a jury having been waived.
It appeared at the trial that Henry Fuchs, a barbwire manufacturer in St. Louis, in April, 1884, made a written contract with the Cambria Iron Company of Johnstown, Pa., by which the iron company was to furnish said Fuchs with “twelve…
2Cases cited5 opinions
- The "Idaho."Supreme Court of the United States · 1877
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Western Transportation Co. v. . BarberNew York Court of Appeals · 1874
- Wetmore v. . HegemanNew York Court of Appeals · 1882
- Grinnell, Minturn & Co. v. SchmidtThe Superior Court of New York City · 1850
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- Godair v. Ham National BankIllinois Supreme Court · 1907
- Conkling v. Standard Oil Co.Supreme Court of Iowa · 1908
- Miller v. LeibCourt of Appeals of Maryland · 1909
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