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…
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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…
1Opinion of the Court
I. The exception to the third, fourth, fifth, and sixth questions and answers in the deposition of George A. Eddy was properly overruled. The witness swore positively to the existence of a verbal contract, in July, 1864, between the Northern Transportation Company and the line of railroad between Ogdensburg and Boston. As nothing appears to the contrary, it is to be presumed that what the witness stated was within his knowledge, and that his knowledge was derived from proper sources.
II. Nor do we perceive any objection to the introduction of a copy of the written contract of 1863; and our…
2Cases cited8 opinions
- Tucker v. AikenSuperior Court of New Hampshire · 1834
- Johnston v. WilsonSuperior Court of New Hampshire · 1820
- State v. ButmanSupreme Court of New Hampshire · 1861
- Dodge v. GriswoldSuperior Court of New Hampshire · 1842
- Baker v. ShephardSuperior Court of New Hampshire · 1851
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3Cited by2 opinions
- Glauber Manufacturing Co. v. VoterSupreme Court of New Hampshire · 1900
- Carpenter v. BaileySupreme Court of New Hampshire · 1876