National Warehouse & Storage Co. v. Toomey
Missouri Court of Appeals
Appeal from tbe Circuit Court of St. Louis City.— Hon. Daniel Gf. Taylor, Judge. If Independence, Iowa, was tbe place of delivery of tbe bay, evidence ought to have been allowed to show that both parties knew tbe bay was intended for tbe St. Louis market, and that St. Louis was tbe natural market for bay from this point and was in contemplation of the parties on entering into tbe contract.. 3 Sutherland on Damages, 1893; Cook Mfg.
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Appeal from tbe Circuit Court of St. Louis City.— Hon. Daniel Gf. Taylor, Judge. If Independence, Iowa, was tbe place of delivery of tbe bay, evidence ought to have been allowed to show that both parties knew tbe bay was intended for tbe St. Louis market, and that St. Louis was tbe natural market for bay from this point and was in contemplation of the parties on entering into tbe contract.. 3 Sutherland on Damages, 1893; Cook Mfg. Co. v. Randall, 62 Iowa, 244; Anderson v. Frank, 45 Mo. App. 482; Boyd v. Quinn Co., 40 N. Y. S. 371; Lumber Co. v. Bradlee, etc., 96 Ky. 498. (1) The contract sued…
1Opinion of the CourtGray, J.
This suit was instituted before a justice of the peace in the city of St. Lonis, on February 8, .1907, and the petition is based upon the following account :
“Independence, Iowa, 190
“M......................
“In account with Toomey & Ahearn.
“10-27-06.
“Sold to National W. H. & St. Co. 12 cars No. 1 Tim. Hay at $12.00 ton Track Independence.
“Toomey & Ahearn.”
The suit Avas commenced by attachment on the ground that the defendants were non-residents of the State of Missouri. The defendants appeared before a justice of the peace and a trial was had resulting in *519a judgment in favor of the plaintiff…
2Cases cited8 opinions
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Cahen v. . PlattNew York Court of Appeals · 1877
- Erwin v. HarrisSupreme Court of Georgia · 1891
- Durst v. . BurtonNew York Court of Appeals · 1872
- Anderson v. FrankMissouri Court of Appeals · 1891
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3Cited by4 opinions
- Crawford v. DahlenbergMissouri Court of Appeals · 1926
- National Warehouse & Storage Co. v. ToomeyMissouri Court of Appeals · 1914
- Gourley v. American Hardwood Lumber Co.Missouri Court of Appeals · 1914
- National Warehouse & Storage Co. v. ToomeyMissouri Court of Appeals · 1911