Legal Opinion

Butler v. Smith

Mississippi Supreme Court

Decided October 15, 1858PublishedCited by 29 opinions

ERROR to the Circuit Court of Warren county. Hon. J. S. Yerger, judge. The case is very fully stated in the opinion of the court. We desire to present but two points, upon which we think the court below fell into error.

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ERROR to the Circuit Court of Warren county. Hon. J. S. Yerger, judge. The case is very fully stated in the opinion of the court. We desire to present but two points, upon which we think the court below fell into error. The first arises under the agreement between numerous merchants, defendants in error included, of Yicksbui’g and plaintiff in error, by which they bound themselves to pay him certain specifietl rates for receiving and storing their goods; and the second, in the interpretation given to the agreement of Thomas Porterfield, Butler’s vendor, with the city. 1. The agreement between…

1Opinion of the CourtHandy, J.

This was an action of replevin, brought by the defendants in error, to recover certain goods from the plaintiff in error, which, upon demand, he refused to deliver.

The material facts shown by the record appear to be, that the goods in controversy were brought by steamboats from the city of St. Louis, and the city of New Orleans, to the city of Vicksburg, some time after the 12th of November, 1857, consigned to the defendants in error, who were commission merchants at Vicksburg, for delivery to the owners, residing in the interior of this State, and the goods were left by the steamboats upon…

2Cited by29 opinions

  1. Kelly v. Mississippi Valley Gas Co.Mississippi Supreme Court · 1981
  2. Sandra Judith "Sandy" Simons Solomon v. Walgreen Co.Court of Appeals for the Fifth Circuit · 1992
  3. Westman v. KrumweideSupreme Court of Minnesota · 1883
  4. Barrett v. DavisSupreme Court of Missouri · 1891
  5. Empiregas, Inc. of Kosciusko v. BainMississippi Supreme Court · 1992

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