Legal Opinion

Union Fish Co. v. Erickson

Supreme Court of the United States

Decided January 7, 1919No. 76PublishedCited by 99 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The case is stated in the opinion. The California* statute, Civil Code, § 1624,4made the contract invalid; it did not affect merely procedure, like the corresponding portion of 29 Charles II, c. 3, par. 4. The contract, therefore, was everywhere unenforceable, unless a State is powerless to make any maritime contract, though entered into within her limits, invalid.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The case is stated in the opinion. The California* statute, Civil Code, § 1624,4made the contract invalid; it did not affect merely procedure, like the corresponding portion of 29 Charles II, c. 3, par. 4. The contract, therefore, was everywhere unenforceable, unless a State is powerless to make any maritime contract, though entered into within her limits, invalid. Leroux v. Brown, 12 C. B. 801; David Lupton’s Sons Co. v. Automobile Club, 225 TI, S. 489; Buhlv. Stephens, 84 Fed. Rep. 922; Allens v. SehUchardt, Fed. Cas. No.…

1Opinion of the CourtJustice Day

Erickson filed a libel in admiralty in the District Court of the United States for the Northern District of California, alleging that by an oral contract with the petitioner, owner of the vessel- “Martha,” he engaged to proceed to Pirate Cove, Alaska, and after arrival there to serve for a year as master of the vessel, and perform certain duties in connection therewith for an agreed compensation. The libel averred that he proceeded to Pirate Cove, and performed his duties under the contract until he was wrongfully discharged by the respondent. Libelant sought to recover damages for breach of…

2Cases cited5 opinions

  1. Southern Pacific Company v. JensenSupreme Court of the United States · 1916
  2. The LottawannaSupreme Court of the United States · 1875
  3. Workman v. New York CitySupreme Court of the United States · 1900
  4. Watts v. CamorsSupreme Court of the United States · 1885
  5. The William M. HoagSupreme Court of the United States · 1897

3Cited by99 opinions

  1. Kossick v. United Fruit Co.Supreme Court of the United States · 1961
  2. Wilburn Boat Co. v. Fireman's Fund InsuranceSupreme Court of the United States · 1955
  3. Ex Parte State of New York, No. 1Supreme Court of the United States · 1921
  4. Knickerbocker Ice Co. v. StewartSupreme Court of the United States · 1920
  5. Grant Smith-Porter Ship Co. v. RohdeSupreme Court of the United States · 1922

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