Taylor v. Steamboat Robert Campbell
Supreme Court of Missouri
Error to Cooper Circuit Court. This Ivas an action against the steamboat Robert Campbell, for the non-performance of a contract of affreightment. The petition stated that William Rdds, master of the boat, on the 12th of December, 1852, agreed, on behalf of the boat, to transport 400 hogs of the plaintiff, from Boonviile, on the Missouri river, to St. Louis, at fair rates, and failed to comply with the contract.
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Error to Cooper Circuit Court. This Ivas an action against the steamboat Robert Campbell, for the non-performance of a contract of affreightment. The petition stated that William Rdds, master of the boat, on the 12th of December, 1852, agreed, on behalf of the boat, to transport 400 hogs of the plaintiff, from Boonviile, on the Missouri river, to St. Louis, at fair rates, and failed to comply with the contract. The master answered on behalf of the boat, denying that he. made the contract set forth in the petition, alleging that the. plaintiff did not have 400 hogs ready to be shipped on said…
1Opinion of the CourtScott, Judge
This was an action brought by the defendant in error against the steamboat Robert Campbell, for the non-performance of a contract of affreightment.
*2581. One of tbs points made in the cause is, that a proceeding against a boat in rem for the non-performance of the contract, the subject matter of this suit, is not within the statute; that the captain of a boat cannot make future contracts for the transportation of freight, and that the only remedy for the breach of such contracts is, an action against the owners of the boat, as the statute was designed to render the boat itself subject to process,…
2Cases cited1 opinion
- Collier v. SwinneySupreme Court of Missouri · 1852
3Cited by8 opinions
- Globe Printing Co. v. StahlMissouri Court of Appeals · 1886
- People v. HammondMichigan Supreme Court · 1903
- Guest v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1898
- The J. F. WarnerDistrict Court, E.D. Michigan · 1883
- Buddington v. MastbrookMissouri Court of Appeals · 1885
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