Gauthier v. Cole
U.S. Circuit Court for the District of Eastern Michigan
On Motion for a New Trial. This was an action upon a contract to run a steam-boat.. Defendants were the owners of a line of steamers running from Bay City to .Alpena, upon Lake Huron. Plaintiff was the charterer of a rival x steamer, know as the Gazelle, running from the Duck islands upon the Canadian shore of Lake Huron, where plaintiff was largely interested in fishing, by the way of Alpena to Bay City and back.
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On Motion for a New Trial. This was an action upon a contract to run a steam-boat.. Defendants were the owners of a line of steamers running from Bay City to .Alpena, upon Lake Huron. Plaintiff was the charterer of a rival x steamer, know as the Gazelle, running from the Duck islands upon the Canadian shore of Lake Huron, where plaintiff was largely interested in fishing, by the way of Alpena to Bay City and back. For the purpose of getting the Gazelle off the route, and at the same time of affording plaintiff proper facilities for marketing his fish, plaintiff and defendants entered into the…
1Opinion of the CourtBrown, J.
The contract provided that defendants should, upon request, send one of their steamers, in continuation of its Saturday’s trip, from Alpena to the Duck islands or Cockburn island, upon the east shore of Lake Huron. Plaintiff’s own testimony showed beyond contradiction that the steamers, upon their Saturday’s. trips from Bay City to Alpena, did not arrive at Alpena until about 3 o’clock Sunday morning, and that they advertised to leave Alpena for Bay City at 6 o’clock on Monday morning. The contract mugt, *717tli ero foro, be performed between these hours. The testimony further showed that the…
2Cases cited11 opinions
- CRAIG v. the State of MissouriSupreme Court of the United States · 1830
- Allen v. DuffieMichigan Supreme Court · 1880
- Adams v. GaySupreme Court of Vermont · 1847
- Richardson v. GoddardSupreme Court of the United States · 1860
- Smith v. . WilcoxNew York Court of Appeals · 1862
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