Vallé v. Cerré's
Supreme Court of Missouri
Error to St. Louis Circuit Court. The facts are stated in the opinion of the court. At the instance of the plaintiffs, the court gave the following declaration of law: ■“If the court, sitting as a jury, finds that the plaintiffs wrote the '¡ante — the letter to Titus, dated June 21,1859” (the letter of .credit authorizing Titus to draw for three-fourths of the value of actual shipment), “ which was read in evidence— that Titus received this letter prior to 6th August, 1859 ;…
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Error to St. Louis Circuit Court. The facts are stated in the opinion of the court. At the instance of the plaintiffs, the court gave the following declaration of law: ■“If the court, sitting as a jury, finds that the plaintiffs wrote the '¡ante — the letter to Titus, dated June 21,1859” (the letter of .credit authorizing Titus to draw for three-fourths of the value of actual shipment), “ which was read in evidence— that Titus received this letter prior to 6th August, 1859 ; that lie thereupon shipped to the plaintiffs at St. Louis, on the steamboat .Gladiator, the 300 sacks of coffee in the…
1Opinion of the CourtHolmes, Judge
This case was affirmed at the March term of this court, 1864, and a re-hearing was granted at the same term. The reasons for the decision were somewhat briefly stated, and in such manner as to lead to the supposition that the case had not received that careful consideration on some points which the importance of the questions involved, might seem to demand. It has been re-argued with much learning and abil*583ity, and we have given the subject the most attentive deliberation.
The case may be stated in substance as follows: The plaintiff, a merchant of St. Louis, and one A. Titus a merchant of New…
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