Drake v. Surget
Mississippi Supreme Court
ERROR to tbe Circuit Court of Jefferson county. Hon. Stan-hope Posey, judge. Tbe declaration contained six counts. The first count alleged, that tbe defendant, being engaged in the storage and forwarding business, in tbe town of Rodney, on tbe 1st day of September, A.D. 1854-, “ in consideration that the said plaintiff, at the special instance and request of the said defendant, would deliver to the said defendant, certain cotton of him the said plaintiff, to be by him the…
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ERROR to tbe Circuit Court of Jefferson county. Hon. Stan-hope Posey, judge. Tbe declaration contained six counts. The first count alleged, that tbe defendant, being engaged in the storage and forwarding business, in tbe town of Rodney, on tbe 1st day of September, A.D. 1854-, “ in consideration that the said plaintiff, at the special instance and request of the said defendant, would deliver to the said defendant, certain cotton of him the said plaintiff, to be by him the said defendant safely and securely kept and stored in the brick shed or warehouse of- the said defendant, in the said town…
1Opinion of the CourtHarris, J.
The defendant in error instituted this suit against the plaintiff, to recover the value of one hundred and fifteen bales of cotton, stored with plaintiff, and lost by fire. The complaint contains six counts.
The two first counts purport to be founded on special contracts, entered into on the 1st September, 1854, by plaintiff in error, as warehouseman, with defendant, “for a reasonable storage and reward,” to safely and securely store and keep the cotton of defendant, “in his Irish shed or warehouse” until he should order the same to be shipped.
The third and fourth counts charge a delivery of…
2Cases cited4 opinions
- Cicely v. StateMississippi Supreme Court · 1872
- Field v. WeirMississippi Supreme Court · 1854
- Prewett v. CoopwoodMississippi Supreme Court · 1855
- Paige v. SessionsSupreme Court of the United States · 1846
3Cited by8 opinions
- Belk v. RosamondMississippi Supreme Court · 1952
- Universal Truck Loading Co. v. TaylorMississippi Supreme Court · 1937
- Flournoy v. BrownMississippi Supreme Court · 1946
- Carter v. CollinsMississippi Supreme Court · 1928
- Carter v. Preston & StetsonMississippi Supreme Court · 1875
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