Given v. Lemoine
Supreme Court of Missouri
Appeal from the St. Louis Court of Common Pleas. The facts are fully stated in the opinion of the court. Instructions asked by appellant: 1. If Given in the month of June, 1857, and before any shipment of tobacco was made by defendant, was informed by defendant and had knowledge of the cost of the first shipment of twenty-sis hosgheads of tobacco; and being so informed and having' such knowledge, told defendant if he would ship the lot of twenty-sis hogsheads to plaintiffs,…
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Appeal from the St. Louis Court of Common Pleas. The facts are fully stated in the opinion of the court. Instructions asked by appellant: 1. If Given in the month of June, 1857, and before any shipment of tobacco was made by defendant, was informed by defendant and had knowledge of the cost of the first shipment of twenty-sis hosgheads of tobacco; and being so informed and having' such knowledge, told defendant if he would ship the lot of twenty-sis hogsheads to plaintiffs, they (plaintiffs) would sell the same as factors for a handsome profit; and that defendant, relying on this promise,…
1Opinion of the CourtBates, Judge
The' plaintiffs were tobacco factors in New Orleans, and the defendant was a tobacco merchant in St. Louis. The petition states that the defendant shipped to the plaintiffs eighty-two hogsheads of tobacco, to be sold for him on commission, and upon which they advanced the defendant a large sum ; and that they sold the tobacco for a sum less than their advances, and asked judgment for the difference between the amount of their advances and charges, and the amount received from the sale of the tobacco. The answer stated, that, before any of the tobacco was shipped, one of the plaintiffs (who…
2Cited by1 opinion
- H. W. Benedict & Co. v. Inland Grain Co.Missouri Court of Appeals · 1899