Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 74

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 74

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: had agreed to transport goods from New York to Independence, Missouri, within twentysix days, and failed to accomplish it in that time, " the fact that a public canal on which the goods were intended to be transported a part of the distance was rendered impassable by an unusual freshet, and that this occasioned the detention, was not a legal excuse therefor." The case was tried by the trial court in strict conformity to the above theory of the case, and the court, in the reception and rejection of evidence, and in giving and refusing instructions, gave application to the above principles, and we deem it unnecessary to say anything more of the seven instructions given for plaintiff and the sixteen asked by defendant and refused, than that those which were given were in strict harmony with the principles herein announced as sustaining the action of the trial court in striking out the various parts of defendant's answer already adverted to, and that those which were refused asserted principles antagonistic to them. A more particular reference to these instructions, except such as are hereinafter adverted to, would only involve a repetition of what has already been said in regard to the' propriety of the action of the court in sustaining the motion of plaintiff to strike out various parts of defendant's answer. During the trial, defendant offered in evidence the written contracts entered into on the evening of the 26th _ ____: day of June in reference to the shipment of 3""-plaintifi"s cattle, and asked the court to give certain instructions telling the jury that the verbal contract for furnishing cars on the 25th day of June was merged in said written contracts and that plaintiff was not...
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Product details

  • Paperback | 236 pages
  • 189 x 246 x 13mm | 426g
  • United States
  • English
  • Illustrations, black and white
  • 1236768213
  • 9781236768216