Legal Opinion

Wood v. The Steamboat Fleetwood

Supreme Court of Missouri

Decided March 15, 1854PublishedCited by 7 opinions

Appeal from St. Louis Court of Common Pleas. This was an action against a boat for the non-performance of a contract of affreightment. The petition stated that the plaintiffs shipped on board of the boat, at Pittsburgh, 190 sacks of malt, which the master contracted to deliver to the consignees at St. Louis, for a freight of thirty cents a hundred; and that the master had failed to deliver the same, although the consignees had tendered the amount of the freight.

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Appeal from St. Louis Court of Common Pleas. This was an action against a boat for the non-performance of a contract of affreightment. The petition stated that the plaintiffs shipped on board of the boat, at Pittsburgh, 190 sacks of malt, which the master contracted to deliver to the consignees at St. Louis, for a freight of thirty cents a hundred; and that the master had failed to deliver the same, although the consignees had tendered the amount of the freight. The defendant answered that the freight agreed upon was forty cents a hundred, and that he only retained the malt because the…

1Opinion of the CourtRyland, Judge

1. The point taken by the appellant, in regard to the admission of the deposition of Parkinson and Wood is, in the opinion of this court, not tenable. The deposition of Wood was suppressed before, because the certificate of the justice was not in accordance with the statute law. It was withdrawn, and the justice before whom it was taken, identifies it in his own deposition, properly taken and certified, stating the death of the deponent, Wood. It may be considered as a part of Parkinson’s deposition; it was taken between the parties, properly, but it lacked the certificate. Now being…

2Cases cited1 opinion

  1. Buchannan v. BiggsSupreme Court of Pennsylvania · 1797

3Cited by7 opinions

  1. Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
  2. Bindbeutal v. Street Railway Co.Missouri Court of Appeals · 1891
  3. Dunn v. Cass Avenue & Fair Grounds Railway Co.Missouri Court of Appeals · 1886
  4. McCord v. Doniphan Branch Railway Co.Missouri Court of Appeals · 1886
  5. Field v. BarrSupreme Court of Missouri · 1858

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