Bryan & Miltenberger v. Steam Boat "Pride of the West"
Supreme Court of Missouri
APPEAL FROM ST. LOUIS CIRCUIT COURT. 1st. All the allegations of the complaint were fully proved at the trial. John H. Chambers was the master of the Pride of the West. The plaintiff, at his instance and request, under a contract with him, supplied, furnished and advanced money for the use of the boat, and to be used in and about the business thereof.
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APPEAL FROM ST. LOUIS CIRCUIT COURT. 1st. All the allegations of the complaint were fully proved at the trial. John H. Chambers was the master of the Pride of the West. The plaintiff, at his instance and request, under a contract with him, supplied, furnished and advanced money for the use of the boat, and to be used in and about the business thereof. The plaintiffs do not allege, and therefore were not bound to prove, that the money was actually applied to the use of the boat. The application of the money by the master of the boat was not in issue, and consequently the instruction given by…
1Opinion of the Court
Judge Ryland
delivered the opinion QÍ the court.
The plaintiffs in, the court below, appellants here, commenced their action in the St. Louis circuit court at the April term, 1848, agaipstthe steam boat Pride of the West, under the statute of this State concern-, ing "Boats and Vessels.”
The following is that part of the complaint which sets forth the demand in all its particulars: "On the twentieth day of December, eighteen hundred and forty-seven, a't the city of St. Louis, in said county,, the complainants at the special instance and request of, and under contract with said John H. Chambers,…
2Cases cited1 opinion
- St. Boat Gen'l. Brady v. BuckleySupreme Court of Missouri · 1840
3Cited by5 opinions
- Gibbons v. Steamboat Fanny BarkerSupreme Court of Missouri · 1867
- State v. Lykes Brothers Steamship CompanySupreme Court of Alabama · 1964
- Waterman Steamship Corporation v. StateSupreme Court of Alabama · 1960
- Bailey v. Steamboat ConcordiaSupreme Court of Missouri · 1852
- The General TompkinsUnited States Circuit Court · 1881