The Cal. Steam Navigation Co. v. Wright
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. The complaint in this case alleges that on the 21st of February, 1854, defendant, being the owner of certain steamboats, entered into a contract with one Richard Chenery, also the owner of boats, whereby, in consideration of the sum of $15,000, to be paid by Chenery, defendant covenanted that he would not permit any boat in which he was interested to navigate certain waters of this State at any time within…
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Appeal from the District Court of the Twelfth Judicial District. The complaint in this case alleges that on the 21st of February, 1854, defendant, being the owner of certain steamboats, entered into a contract with one Richard Chenery, also the owner of boats, whereby, in consideration of the sum of $15,000, to be paid by Chenery, defendant covenanted that he would not permit any boat in which he was interested to navigate certain waters of this State at any time within three years from the date of the contract, and if he failed to comply with his contract, he would pay to said Chenery or his…
1Opinion of the Court
Mr. Justice Terry, after stating the facts, delivered the opinion of the Court.
Mr. Chief Justice Murray concurred.
The first objection is untenable. The allegation that plaintiff was a corporation under the laws of this State, is sufficient to establish the right to sue, under the first section of the Act concerning corporations. Rev. Laws, 290.
The next objection is, that the contract declared on is not assignable. The contract is an instrument in writing, for the payment of money, and is made assignable by our laws. Besides, it has always been the policy of our law to construe contracts…
2Cases cited4 opinions
- Williams v. Dakin & BaconCourt for the Trial of Impeachments and Correction of Errors · 1839
- Chappel v. BrockwayNew York Supreme Court · 1839
- Perkins v. LymanMassachusetts Supreme Judicial Court · 1814
- Riley v. WaughMassachusetts Supreme Judicial Court · 1851
3Cited by19 opinions
- Ixchel Pharma, LLC v. Biogen, Inc.California Supreme Court · 2020
- Friendly Village Community Ass'n v. Silva & Hill Construction Co.California Court of Appeal · 1973
- Whitwell v. Continental Tobacco Co.Court of Appeals for the Eighth Circuit · 1903
- Beasley v. Wells Fargo BankCalifornia Court of Appeal · 1991
- Swanson v. KirbySupreme Court of Georgia · 1896
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