Kennedy v. Portman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William Zacforits, Judge. (1) The copy or duplicate of the warehouse receipt offered in evidence was competent evidence because the destruction of the original having been proved it was the best secondary evidence of the contents of the original. Briggs v. Henderson, 49 Mo. 531; Conn v. McCollougli, 14 Mo. App. 584; Winfrey v. Gallatin, 72 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. William Zacforits, Judge. (1) The copy or duplicate of the warehouse receipt offered in evidence was competent evidence because the destruction of the original having been proved it was the best secondary evidence of the contents of the original. Briggs v. Henderson, 49 Mo. 531; Conn v. McCollougli, 14 Mo. App. 584; Winfrey v. Gallatin, 72 Mo. App. 191. (2) Defendants’ instruction that plaintiff could not recover, asked at the close of the evidence, should have been given, because the evidence fails to disclose a contract between the parties…
1Opinion of the CourtGoode, J.
— Nora Kennedy the plaintiff, through the agency of her daughter, Loretta, made a contract with the defendants in June, 1900, for the storage of" certain household furniture, plaintiff being at the time in the city of New York.
This is an action to recover damages on account of the property being partly destroyed and partly injured by a fire while in storage, and the gravamen of the petition is that the defendants deviated from the contract of bailment by storing the property in a building at the rear of No. 1519 North Jefferson avenue, constructed of inflammable material and surrounded by…
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