Oakland Cotton Manufacturing Co. v. Jennings
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Alameda. The cause was tried before a jury, and the Court instructed them as follows: “I am asked by defendant to give you two instructions.
Read the full summary
Appeal from the District Court of the Third Judicial District, County of Alameda. The cause was tried before a jury, and the Court instructed them as follows: “I am asked by defendant to give you two instructions. The first I give you, and it is as follows : ‘“If you shall find that the accident to the schooner Greenfield, by which the loss mentioned in the complaint occurred, was occasioned by a peril of navigation, you will find a verdict for the defendant. ’ “The other instruction I will not give you. It is based upon a defense attempted to be set up by defendant, and which has been ruled…
1Opinion of the Court
By the Court, Crockett, J.:
The defendant being the owner of the American schooner Greenfield, caused her to be duly enrolled at the port of San Francisco, with one Enos as master. Subsequently he appointed Horton as master in place of Enos; but whether the change of masters was reported at the Custom House and noted or recorded, does not appear. Some time after Horton took command of the schooner the defendant entered into an agreement with him to the effect that Horton was to have the entire control and mangement of her; was to make whatever contracts of affreightment he saw fit; to employ…
2Cited by3 opinions
- Walton v. McPhetridgeCalifornia Supreme Court · 1898
- Stowe v. MaxeyCalifornia Court of Appeal · 1927
- Tomlinson v. HoltCalifornia Supreme Court · 1874