Vega Steamship Co. v. Consolidated Elevator Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $869.64, the value of 1,062 bushels of wheat. The cause was tried before Moer, J., who directed the jury to return a verdict for defendant. From an order denying a motion for a new trial, plaintiff appealed. A mutual mistake is a mistake reciprocal and common to both parties, where each alike labored under the same misconception of facts.
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Action in the district court for St. Louis county to recover $869.64, the value of 1,062 bushels of wheat. The cause was tried before Moer, J., who directed the jury to return a verdict for defendant. From an order denying a motion for a new trial, plaintiff appealed. A mutual mistake is a mistake reciprocal and common to both parties, where each alike labored under the same misconception of facts. Botsford v. McLean, 45 Barb. 478. Where parties contract under the impression that a certain state of facts exists, equity has power to relieve them from the effects of such a contract. Shafer v.…
1Opinion of the CourtCanty, J.
Plaintiff is a common carrier of freight on the Great Lakes, between Duluth and Buffalo. Defendant owns and operates a public elevator at the dock in Duluth, in which the wheat of different parties is stored, commingled in a common mass.
On October 20, 1896, Spencer, Moore & Co. proceeded to ship from Duluth to Buffalo, on plaintiff’s steamship, the Vega, 97,587 bushels of wheat. This wheat was stored in said elevator, and, while being delivered from the elevator to the ship, was weighed, out by the assistant state weighmaster, under the laws of Minnesota. The cargo of wheat was delivered at…
2Cases cited8 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Johns v. StateCourt of Appeals of Maryland · 1881
- Wantlan v. WhiteIndiana Supreme Court · 1862
- St. Paul & Northern Pacific Railway Co. v. BradburySupreme Court of Minnesota · 1889
- Shaw v. First Baptist Church of WinonaSupreme Court of Minnesota · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Meunier's CaseMassachusetts Supreme Judicial Court · 1946
- Juster Bros. Inc. v. ChristgauSupreme Court of Minnesota · 1943
- In re AllenSupreme Court of Vermont · 1909
- State v. Duluth Board of TradeSupreme Court of Minnesota · 1909
- Southern Cotton Oil Co. v. RainesSupreme Court of Georgia · 1930
13 more not listed; retrieve them via the Exa API.