Davis' Adm'r v. Smith
Supreme Court of Missouri
ERROR to Lafayette Circuit Court. 1. It is a principle of natural justice that one who hires the use of property with a view to no other benefit except what may be derived from the use of it, shall not be liable for the rent after the propertjr has been destroyed without any fault on his part: (Rutherfords Inst. 127.) This principle made part of the civil law, was introduced into the Code Napoleon (article 1722) and the civil Code of Louisiana (art. 2267.) it is now the law…
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ERROR to Lafayette Circuit Court. 1. It is a principle of natural justice that one who hires the use of property with a view to no other benefit except what may be derived from the use of it, shall not be liable for the rent after the propertjr has been destroyed without any fault on his part: (Rutherfords Inst. 127.) This principle made part of the civil law, was introduced into the Code Napoleon (article 1722) and the civil Code of Louisiana (art. 2267.) it is now the law of Scotland; (l Bells. Com. 452,) and produced the old Egyptian law, which provided that if the violence of the Kile…
1Opinion of the CourtScott, J.
This was an action begun by the appellee, Davis’ adm’r., against the appellants on a sealed instrument of the 18th April, 1848, by which Davis, the appellee, leased to the appellants until the 25th December, 1848, a grist and sawmill and carding machine, situated on Blackwater, in Johnson county, for $225, payable at the expiration of the term. The appellants, the lessees, set up the defence, that at the time the lease was made, the main posts of the building, which supported all the machinery, were damaged and rotten, and the defect was unknown to the lessees and not apparent to ordinary…
2Cited by13 opinions
- Whittemore v. SillsMissouri Court of Appeals · 1898
- Burnes v. FuchsMissouri Court of Appeals · 1887
- Fulkerson v. EadsMissouri Court of Appeals · 1885
- Stifel Estate Co. v. CellaMissouri Court of Appeals · 1927
- Hayes v. Continental Casualty Co.Missouri Court of Appeals · 1903
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