Collier v. Swinney
Supreme Court of Missouri
APPEAL FROM SALINE CIRCUIT COURT. 1. The testimony of D. C. Garth does substantially support the declaration, and the proof in relation to Collier paying-the boat $3 50 per hogshead for shipping the tobacco in the -warehouse at Glasgow, was a contract independent of the contract declared on.
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APPEAL FROM SALINE CIRCUIT COURT. 1. The testimony of D. C. Garth does substantially support the declaration, and the proof in relation to Collier paying-the boat $3 50 per hogshead for shipping the tobacco in the -warehouse at Glasgow, was a contract independent of the contract declared on. See 1 Chitty, 338, 344.' 3. The testimony of Homrickhouse, in the deposition, sustains the count in the declaration as declared on, substantially ; it being apparent in the whole deposition that the witness uses the terms 31st August and 1st September indiscriminately with reference to the time when the…
1Opinion of the CourtBirch, J.
The declaration in this case was an assumpsit, upon an undertaking of the steamer Wapello, of which the defendant below was part owner, to transport tobacco from Glasgow to St. Louis; the injury complained of being the omission of the boat to carry it according to the undertaking. The declaration contained three counts. The first one charges that the plaintiff agreed to send to St. Louis all the tobacco, in hogsheads, that he should be able thereafter to deliver at Glasgow, ou or before the first day of September, 1846, and that in consideration thereof, and the further consideration of two…
2Cited by1 opinion
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