Fischer v. Merchants' Dispatch Transportation Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Horner, J. The only contract between plaintiff and defendant was the one in writing: and when that was shown to exist, all evidence as to what was said between the parties at the time the contract was executed, was improper.— Murdock v. Ganahl, 47 Mo. 135; O’Bryan v. Kinney, 74 Mo. 125. The instructions are conflicting and inconsistent. — Modiselt v. MePike, 74 Mo. 648 (affirming Thomas v. Bobb, 45 Mo. 384); Kernocher v. O’Bannon, 56…
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Appeal from the St. Louis Circuit Court, Horner, J. The only contract between plaintiff and defendant was the one in writing: and when that was shown to exist, all evidence as to what was said between the parties at the time the contract was executed, was improper.— Murdock v. Ganahl, 47 Mo. 135; O’Bryan v. Kinney, 74 Mo. 125. The instructions are conflicting and inconsistent. — Modiselt v. MePike, 74 Mo. 648 (affirming Thomas v. Bobb, 45 Mo. 384); Kernocher v. O’Bannon, 56 Mo. 289. The question being one of interpretation, all the surrounding facts which throw light on the sense in which the…
1Opinion of the CourtBakewell, J.
The petition alleges that defendant is a common carrier, and in August, 1874, agreed to carry for plaintiff from St. Louis to New York, a certain amount of gold coin, and therewith to pay the import duty upon some laces and silks belonging to plaintiff, and then to receive these laces from the custom house and carry them to St. Louis and deliver the same to plaintiff at St. Louis, upon payment of its reasonable charges ; that defendant received the goods in good order at New York, and was paid its charges for carriage ; but that, whilst in possession of defendant several packages of lace were…
2Cases cited2 opinions
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- Krender v. WoolcottNew York Court of Common Pleas · 1856
3Cited by1 opinion
- Eckles v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1905