Phelps v. Steamboat Eureka
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pie as. STATEMENT OF THE CASE. This was a demand, presented by the appellant, to (he St. Louis court of Common Pleas, for allowance against the appellee.
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APPEAL from St. Louis Court of Common Pie as. STATEMENT OF THE CASE. This was a demand, presented by the appellant, to (he St. Louis court of Common Pleas, for allowance against the appellee. The evidence went to show that the appellant,, in May, 1849, loaned to the appellee, one thousand dollars, through James T. Sargent, then part owner, that Ihe money was borrowed to pay for repairs and other expenses on said boat, that afier Sargent obtained the said loan? he paid about eight hundred and fifty dollars into the cleik-’s office, which money was used by the boat, that before the expiration…
1Opinion of the CourtRyland, J.
From the statement above made, it becomes necessary for this court to review the action of the court below in regard to the instruction which that court refused to give on the part of the appellant, as well as those which were given.
The instructipns which the appellant asked of the court appear in substance in the above statement.
We think the court erred in refusing to give these instructions, or to declare the law to be as contained in these instructions.
The first instruction is based upon the evidence of the reloan. Surely there was no necessity for the parties to count out the money, to…
2Cited by3 opinions
- Boylan v. The Steamboat VictorySupreme Court of Missouri · 1867
- Gibbons v. Steamboat Fanny BarkerSupreme Court of Missouri · 1867
- The General TompkinsUnited States Circuit Court · 1881