Pearson v. Wheeler
Supreme Court of New Hampshire
Case, by John H. Pearson & Co. against William A. Wheeler and others, to recover for loss and injury to a quantity of flour occasioned by fire at Ogdensburg, N. Y., July 28,1864. By agreement of parties, the cause was tried by the court (Ladd, J.), and a verdict rendered for the plaintiffs for $5,995.06, which the defendants moved to set aside for the reasons following: July 6,1864, the flour in question was shipped at Toledo, Ohio, on board a propeller of the Northern…
Read the full summary
Case, by John H. Pearson & Co. against William A. Wheeler and others, to recover for loss and injury to a quantity of flour occasioned by fire at Ogdensburg, N. Y., July 28,1864. By agreement of parties, the cause was tried by the court (Ladd, J.), and a verdict rendered for the plaintiffs for $5,995.06, which the defendants moved to set aside for the reasons following: July 6,1864, the flour in question was shipped at Toledo, Ohio, on board a propeller of the Northern Transportation Company, to the plaintiffs at Concord, N. H. It arrived at Ogdensburg July 11, 1864, where it remained in the…
1Concurrence
Eddy having testified that there was a verbal contract between the Northern Transportation Company and the different lines of railroad between Ogdensburg and Boston, it was competent for him to state what that contract was. It not being in writing, there was no better evidence than the verbal testimony of one who knew what the terms of the contract were. That it did not differ materially from a written contract, which existed at some previous time between the parties, does not alter the case. It was not the contents of the previous contract, but of the existing contract, which he was asked to…
2Cases cited2 opinions
- Dickinson v. LovellSupreme Court of New Hampshire · 1857
- Barter & Co. v. WheelerSupreme Court of New Hampshire · 1869