Goodfellow's Executors v. Meegan
Supreme Court of Missouri
Appeal from Si. Louis Law Commissioner’s Court. On the 12th May, 1859, two suits were brought against James Meegan, before Peter W. Johnstone, a justice of the peace; one in favor of David F. Goodfellow’s executors, for thirty-five dollars and forty-five cents, for grazing oxen from July 28,1858, to September 18,1858 ; and the other suit was in favor of Mary G. Goodfellow, for eleven dollars and fifty five cents, for grazing oxen from September 18,1858, to October 21,1858.…
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Appeal from Si. Louis Law Commissioner’s Court. On the 12th May, 1859, two suits were brought against James Meegan, before Peter W. Johnstone, a justice of the peace; one in favor of David F. Goodfellow’s executors, for thirty-five dollars and forty-five cents, for grazing oxen from July 28,1858, to September 18,1858 ; and the other suit was in favor of Mary G. Goodfellow, for eleven dollars and fifty five cents, for grazing oxen from September 18,1858, to October 21,1858. James Meegan filed before the said justice an offset in each case — in the first suit as above, for seventy dollars,…
1Opinion of the CourtBates, Judge
The cattle having been bailed by Meegan to Goodfellow, to be pastured by him for hire, — in this suit for the hire, it having been charged and proved that some of the cattle were not returned by Goodfellow to Meegan, it was incumbent upon Goodfellow’s executors to show that the loss of the cattle was not occasioned by his default. In other words, that he had used the degree of diligence required of him by his contract. The degree of diligence would depend upon the terms of the contract; but, whether it be ordinary or extraordinary, it was the burden of the plaintiffs to show that it was…
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