Southern Express Co. v. Thornton
Mississippi Supreme Court
Error to the Circuit Court of Rankin county. Hon. Jno. Watts, judge. 1. That the third and fourth instructions to the jury, given at the instance of defendant in error, were instructions as to the weight of evidence, and therefore erroneous. Rev. Code, 504, art. 161. 2. That the first and second instructions asked by plaintiffs in error were improperly refused.
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Error to the Circuit Court of Rankin county. Hon. Jno. Watts, judge. 1. That the third and fourth instructions to the jury, given at the instance of defendant in error, were instructions as to the weight of evidence, and therefore erroneous. Rev. Code, 504, art. 161. 2. That the first and second instructions asked by plaintiffs in error were improperly refused. That if the action was in trovex*, or a suit for damages, whatever party committed the wrong would be liable to the injured party; but the suit is for a violation of contract. In a contract of mutual promises, both parties must be…
1Opinion of the CourtHandy, C.J.
The defendant in error sued the plaintiff in this action to recover five hundred dollars, and the declaration contains two counts: the first charges the company, as a common carrier, for the failure to deliver to McNair & Gardes, at the - city of New Orleans, five hundred dollars, received at Jackson, Missisippi, and which they undertook and agreed to deliver; the second count is for money had and received. To this, the general issue was pleaded.
On the trial, the plaintiff below introduced as a witness Lamb, who testified, in substance, that on or about 3d of February, 1866, the plaintiff…
2Cited by3 opinions
- Western Union Telegraph Co. v. GoodmanMississippi Supreme Court · 1933
- Helvetia Swiss Fire Insurance v. Edward P. Allis Co.Colorado Court of Appeals · 1898
- Helvetia Swiss Fire Insurance v. Edward P. Allis Co.Colorado Court of Appeals · 1898