Mississippi Supreme Court, 1881

Randall v. Johnson

Randall v. Johnson
Mississippi Supreme Court · Decided October 15, 1881 · Campbell
59 Miss. 317
Randall v. Johnson

Cases that cite this one

23 later published cases cite this decision.

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Opinion of the Court

Campbell, J.,

delivered the opinion of the court.

The true interpretation of the contract sued on is, that the “ first return trip of the schooner ‘ Mary Bloom,’ ” — which it was assumed would certainly occur within a few months in regular course, — was fixed by the parties as the date from which the ninety days after which the money was to be paid were to be computed; and that as the schooner was lost at sea, and could never return as contemplated, the money promised became payable ninety days after the expiration of the period of time usualty required for a return trip of the schooner. Hicks v. Shouse, 17 B. Mon. 483; Ubsdell v. Cunningham, 22 Mo. 124; Williston v. Perkins, 51 Cal. 554; Nunez v. Dautel, 19 Wall. 560. It would be “a mockery of justice ” to hold that, because the schooner was lost at sea, and, therefore, had not made her first return trip, the appellee lost his debt.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.