Johanson v. Sondheim
District Court, D. Alaska
The plaintiff entered into an oral agreement with the defendants, owners of the steamer Monarch, at Eagle, Alaska, on or about July 24, 1904, by the terms of which agreement the defendants agreed to transport by their steamer, the Monarch, a sawmill, etc., from Eagle to Chena, Alaska. The Monarch was on its way to Dawson, Y. T., and the agreement was that it would take the freight on its return trip.
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The plaintiff entered into an oral agreement with the defendants, owners of the steamer Monarch, at Eagle, Alaska, on or about July 24, 1904, by the terms of which agreement the defendants agreed to transport by their steamer, the Monarch, a sawmill, etc., from Eagle to Chena, Alaska. The Monarch was on its way to Dawson, Y. T., and the agreement was that it would take the freight on its return trip. The steamer arrived on her trip from Dawson at Eagle on August 2, 1904; the plaintiff in the meantime having dismantled his mill and placed the same on the river bank, ready to be loaded aboard…
1Opinion of the Court
OVERFIELD, District Judge.
The plea of res judicata is raised by the allegations in the -answer td the effect that plaintiff’s cause of action in this case was passed upon by this court, and afterwards by the Circuit Court of Appeals for the Ninth Circuit, and judgment therein entered against the plaintiff herein. The parties are identical, and the same cause of action is here involved, though an attempt has been made to state, in the complaint, allegations which the appellate court found wanting in the former action.
In Johanson v. Sondheim & Dobbins, 145 Fed. 620, 76 C. C. A. 310, Gilbert,…
2Cases cited7 opinions
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- O'Hara v. ParkerOregon Supreme Court · 1895
- Cragin v. LovellSupreme Court of the United States · 1883
- Lovell v. GraginSupreme Court of the United States · 1890
- City of North Muskegon v. ClarkCourt of Appeals for the Sixth Circuit · 1894
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