DeBaun v. Atchison
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. STATEMENT OE THE CASE. This case was an action in assumpsit, founded upon a contract of affreightment.
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ERROR to St. Louis Circuit Court. STATEMENT OE THE CASE. This case was an action in assumpsit, founded upon a contract of affreightment. There are three counts — the first and second setting forth that appellant shipped at the city of St. Lsouis, on board of the steamboat Amaranth, of which respondents were owners, ninety-one bird cages to be transported to the city of JNew Orleans, which defendants received upon said boat, and promised to transport to New Orleans for a certain reasonable reward, and then deliver the same to appellant. That appellant had ever been ready at said New Orleans to…
1Opinion of the CourtNapton, J.
This suit was brought to recover the value of some bird cages ship-ed upon the steamboat Amaranth, of which the defendants were owners. The cages were taken to the boat by two men, named Farrington and Davison, and a receipt was taken from the second clerk in the name of the plaintiff. Farrington held himself out as owner to the captain, accompanied the cages on the trip, and when the boat reached her destination, New Orleans, received the cages and paid the freight. The cages, it seems, were made by one Davis, by the directions of Davison and Farrington, and Davison was indebted to the…
2Cited by3 opinions
- Sanders v. ChartrandSupreme Court of Missouri · 1900
- Hoppe v. SaylorMissouri Court of Appeals · 1893
- Fanning v. CobbMissouri Court of Appeals · 1886