Johnson-Brinkman Commission Co. v. Wabash Railroad
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. The price of $1 per bushel for number 2 corn, which obtained for a portion of May 31, 1892, on the Chicago board of trade, was not, under the circumstances proven, and offered to be proven, evidence of the market value of corn in Chicago at that time, and should not have been taken as the basis for estimating the damages sustained by plaintiff.
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Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. The price of $1 per bushel for number 2 corn, which obtained for a portion of May 31, 1892, on the Chicago board of trade, was not, under the circumstances proven, and offered to be proven, evidence of the market value of corn in Chicago at that time, and should not have been taken as the basis for estimating the damages sustained by plaintiff. Sedgwick on Damages, sec. 249; Smith v. Griffith, 3 Hill, 333; Kountue v. Kirkpatrick,. 72 Pa. St. 376; Kogan v. Konahue, 49 111. App. 432; Lovejoy v. Michels, 88 Mich. 15. It is well…
1Opinion of the CourtEllison, J.
Plaintiff delivered to defendant, on May 23, 1892, a car load of-corn, to be earned from Kansas City, Missouri, to Chicago, Illinois. The delivery was in time to have arrived in Chicago, if defendant had been diligent in transportaion, so as to have been prepared for and put on the market and sold on the thirty-first of May. But defendant, having unreasonably delayed the corn, it did not arrive in time for the market of that day, and plaintiff was compelled to, and did 'afterward, on June 1, sell for a lower price, whereby he alleges he was damaged in a sum representing the difference between…
2Cases cited4 opinions
- Durst v. . BurtonNew York Court of Appeals · 1872
- Lovejoy v. MichelsMichigan Supreme Court · 1891
- Everett v. Union Pacific R.Supreme Court of Iowa · 1882
- Hogan v. DonohueAppellate Court of Illinois · 1893
3Cited by4 opinions
- United States v. New River Collieries Co.Court of Appeals for the Third Circuit · 1921
- Wilson & Aull v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1896
- F. W. Brockman Commission Co. v. AaronMissouri Court of Appeals · 1910
- Berry v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1910