Randall v. Johnson
Mississippi Supreme Court
Appeal from the Circuit Court of Jackson County. Hon. J. S. Hamm, Judge. The appellant and James Glass pleaded the general issue to a declaration, in assumpsit, by the appellee against them, upon the following writing: “ ($240) Moss Point, July 8, 1879. “ Ninety days after the first return trip of the schooner 1 Mary Bloom,’ I promise to pay to Nals Johnson or order, the sum of Two Hundred and Forty Dollars as final payment on rigging, &c., furnished for said schooner with…
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Appeal from the Circuit Court of Jackson County. Hon. J. S. Hamm, Judge. The appellant and James Glass pleaded the general issue to a declaration, in assumpsit, by the appellee against them, upon the following writing: “ ($240) Moss Point, July 8, 1879. “ Ninety days after the first return trip of the schooner 1 Mary Bloom,’ I promise to pay to Nals Johnson or order, the sum of Two Hundred and Forty Dollars as final payment on rigging, &c., furnished for said schooner with interest at six per cent per annum from the date of return trip. “Jambs Glass. “ Surety, L. Randall.” At the trial, the…
1Opinion of the CourtCampbell, J.
The true interpretation of the contract sued on is, that the “ first return trip of the schooner ‘ Mary Bloom,’ ” — which it was assumed would certainly occur within a few months in regular course, — was fixed by the parties as the date from which the ninety days after which the money was to be paid were to be computed; and that as the schooner was lost at sea, and could never return as contemplated, the money promised became payable ninety days after the expiration of the period of time usualty required for a return trip of the schooner. Hicks v. Shouse, 17 B. Mon. 483; Ubsdell v.…
2Cases cited3 opinions
- Nunez v. DautelSupreme Court of the United States · 1874
- Williston v. PerkinsCalifornia Supreme Court · 1876
- Ubsdell v. CunninghamSupreme Court of Missouri · 1855
3Cited by26 opinions
- Noland v. BullOregon Supreme Court · 1893
- Ballas v. Lake Weir Light & Water Co.Supreme Court of Florida · 1930
- Comstock v. Fraternal Accident Ass'nWisconsin Supreme Court · 1903
- Piaggio v. SomervilleMississippi Supreme Court · 1918
- Caine v. HagenbarthUtah Supreme Court · 1910
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