Butcher v. Death
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. Relies on the following: I.The court of common pleas erred in excluding John W. Malone from testifying on behalf of defendants below, when offered as a witness in their behalf.
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APPEAL from St. Louis Court of Common Pleas. Relies on the following: I.The court of common pleas erred in excluding John W. Malone from testifying on behalf of defendants below, when offered as a witness in their behalf. The court of common pleas erred in refusing to grant a new trial, for the following reasons: 1. There was no evidence to sustain the finding of the jury. 2. Refusal to give instructions asked for by the defendant below. 3. There is no proof that the hams belonged to or were pm-chased by any person, except by Butcher, as master of the steamboat General Gaines. 4. The court…
1Opinion of the CourtGamble, J.
The plaintiff, Butcher, sued Death and Teasdale, alleging in his petition, that they had sold him a quantity of hams, representing them to be sound, and of the best quality, and that he paid the bill for the hams, at the stipulated price; that the hams were shipped to Cincinnati, and upon being opened and examined, were found deficient in quantity about 1800 pounds, and were unsound and spoiled: that being obliged to sell them at a sacrifice, he had lost, by the deficiency in quantity and by the bad quality of the article, $187. The defendants answered separately. Death stated that he was a…
2Cited by4 opinions
- Bartholow v. CampbellSupreme Court of Missouri · 1874
- Gessley v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Blackmore v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Singer Manufacturing Co. v. GivensMissouri Court of Appeals · 1889