Hostler v. Hays
California Supreme Court
Appeal from the Superior Court of San Francisco. The plaintiff complained that he, being the sole owner of the Barque Orion, her tackle, &c., of the value of $10,000, the defendant (the sheriff of the county), on the day of wrongfully seized and took said barque, and unlawfully detains the same,- to his damage, &c., and prays judgment for the return thereof, &c.
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Appeal from the Superior Court of San Francisco. The plaintiff complained that he, being the sole owner of the Barque Orion, her tackle, &c., of the value of $10,000, the defendant (the sheriff of the county), on the day of wrongfully seized and took said barque, and unlawfully detains the same,- to his damage, &c., and prays judgment for the return thereof, &c. Defendant, answering, says that by virtue of an attachment issued out of this court, at the suit of William H. T. Haines, against Jno. Q. Powett, he, on the 25th April, 1853, attached the said Barque Orion as the property of, and…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
There is no dispute in this case as to the material facts. The question is, whether the court below decided the law correctly upon the facts ?
The appellant’s counsel relies mainly upon the doctrine of estoppel, which, it is insisted, applies to this case, because in the deed of charter-party executed by the plaintiff, he admits that the vessel is the property of Powett, and this admission came directly to the knowledge of Haines as master of the vessel, and induced him to give credit to Powett.
The sense of estoppel is, that a man for the sake of good faith *307and fair…
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