Dilworth v. McKelvy
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. The following are tlie instructions given by the court, of its own motion, and on which the case was submitted to the jury: “ 1. If the jury believe from the evidence that the lumber sued for was with the other lumber shipped under the bill of lading read in evidence, and that, on the voyage from Pittsburgh to St. Louis, on the Ohio river, the said barge No. 17 was accidently grounded and in danger of being lost by the perils of…
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Appeal from St. Louis Court of Common Pleas. The following are tlie instructions given by the court, of its own motion, and on which the case was submitted to the jury: “ 1. If the jury believe from the evidence that the lumber sued for was with the other lumber shipped under the bill of lading read in evidence, and that, on the voyage from Pittsburgh to St. Louis, on the Ohio river, the said barge No. 17 was accidently grounded and in danger of being lost by the perils of navigation, together with the lumber on board, and that, for the purpose of saving the barge and lumber from destruction,…
1Opinion of the CourtNapton, Judge
This was an action by the general owner of property against a person claiming a lien on it. The suit was prosecuted under the provisions of the seventh article of our practice act, and the property was delivered to the plaintiff. A verdict was found for the defendant, which, however, under the instructions of the court, simply determined that he was entitled to the possession of the property, and a subsequent proceeding was had to inquire into the value of the property, which resulted in its assessment at its absolute value, without any ascertainment of the extent of the defendant’s interest.…
2Cases cited1 opinion
- Seaman v. LuceNew York Supreme Court · 1856
3Cited by58 opinions
- Boutell v. WarneSupreme Court of Missouri · 1876
- Hickman v. DillMissouri Court of Appeals · 1888
- Hobson v. LordSupreme Court of the United States · 1876
- Citizens State Bank v. First National BankSupreme Court of Kansas · 1916
- Brandtjen & Kluge, Inc. v. HunterMissouri Court of Appeals · 1940
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