McEvers v. Steamboat Sangamon
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was an action brought by McEvers upon the following instrument of writing : “ This is to certify that I have hired of Mr. T. L. McEvers his barge called the ‘Lightfoot,’ for the sum of eight dollars per day, and I am to deliver it to him at Montezuma, he paying for the towing of the same at the rate of thirty dollars, with the understanding that, if froze up in the ice, the sum above mentioned is not to be paid, but only for the time…
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Appeal from St. Louis Circuit Court. This was an action brought by McEvers upon the following instrument of writing : “ This is to certify that I have hired of Mr. T. L. McEvers his barge called the ‘Lightfoot,’ for the sum of eight dollars per day, and I am to deliver it to him at Montezuma, he paying for the towing of the same at the rate of thirty dollars, with the understanding that, if froze up in the ice, the sum above mentioned is not to be paid, but only for the time the barge is in actual service, subject to his order, by giving notice one trip previous to leaving port, and is to be…
1Opinion of the CourtLeonard, Judge
The steamboat Sangamon hired the plaintiff’s barge (the contract being in writing) at eight dollars a day, excluding the time it might be frozen in the ice, to be returned to plaintiff at Montezuma at any time, upon reasonable previous notice, and “ delivered in good order, the usual wear and tear excepted.” The suit is for the non-delivery, pursuant to the contract; and one defence set up in the answer is, that the barge was destroyed by an overpowering force — the ice in the Mississippi river — without any fault on the part of the defendant. This defence was struck out upon the objection of…
2Cases cited4 opinions
- Pollard v. ShafferSupreme Court of the United States · 1787
- Keas v. YewellCourt of Appeals of Kentucky · 1834
- Perkins v. ReedsSupreme Court of Missouri · 1843
- Krumbhaar v. LudflingSupreme Court of Louisiana · 1815
3Cited by12 opinions
- Nuell v. Forty-North CorporationMissouri Court of Appeals · 1962
- Commercial Electrical Supply Co. v. Missouri Commission Co.Missouri Court of Appeals · 1912
- Perreault v. Circle Club, Inc.Massachusetts Supreme Judicial Court · 1950
- Cleaver v. Drake-Brannum Const. Co.Court of Appeals of Texas · 1917
- Link v. HathwayMissouri Court of Appeals · 1910
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