O'Neil
Wilmington Transportation Co. v. O'Neil
Opinion
Lead Opinion
Clief, J.
—On November 3, 1890, the respondent-plaintiff (a corporation), as party of the first part, and the appellant-defendant, as party of the second part, executed the following agreement: —
The action is based upon the agreement to pay $3,500 in case the lighter should be lost; and it is averred in the complaint that the lighter "Wilmington” was delivered to defendant according to the agreement; “ that on or about the twelfth day of November, 1890, said coal lighter ‘Wilmington/ while in the use and occupation of the defendant, was lost and damaged to the extent that it cannot be put in the same good condition as when received from plaintiff by defendant, said coal lighter ‘Wilmington’ being totally lost and destroyed; that under and by virtue of the terms and • conditions of said agreement the defendant became indebted to the plaintiff in the sum of $3,500, as provided in said agreement, no part of which sum has been paid.
*4 “ That the plaintiff demanded payment of the said defendant of the sum of three thousand five hundred dollars, but said defendant at all times and still does refuse and neglect to pay said sum, or any part or portion thereof”