Marziou v. Pioche
California Supreme Court
Appeal from the District Court of the Fourth Judicial District. In the month of December, 1849, the French ship Java arrived at the port of San Francisco, under the command of Capt. Devaulx, consigned to the defendants. The vessel was seized by the collector of the port, and detained some six months, when she was released. The defendants sold the cargo before the ninth day of July, 1850, and on that day were indebted to Messrs.
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Appeal from the District Court of the Fourth Judicial District. In the month of December, 1849, the French ship Java arrived at the port of San Francisco, under the command of Capt. Devaulx, consigned to the defendants. The vessel was seized by the collector of the port, and detained some six months, when she was released. The defendants sold the cargo before the ninth day of July, 1850, and on that day were indebted to Messrs. Marzaud & Co., of Bordeaux, the owners of the ship and part of her cargo, in the sum of twenty-three thousand three hundred and seven dollars. The defendants not being…
1Opinion of the Court
Burnett, J., after stating the facts, delivered the opinion of the.,Court—Terry, C. J., concurring.
It is insisted by the learned counsel for the defendant, that the Court erred in giving the first instruction, as it was a mere abstract proposition of law, and as such, though true, had no application to the case, and was, therefore, calculated to mislead the jury; and more especially so, when the Court refused to give the "explanatory instruction.
In order to authorize the captain of a vessel to pledge, or sell, the property of his owners for necessaries, certain facts must exist:
1. The vessel…
2Cases cited1 opinion
- Posten v. RassetteCalifornia Supreme Court · 1855
3Cited by10 opinions
- Grain v. AldrichCalifornia Supreme Court · 1869
- Hawley v. SmithIndiana Supreme Court · 1873
- Little v. City of PortlandOregon Supreme Court · 1894
- McColgan v. Bank of California Assn.California Supreme Court · 1929
- Harrison v. RiceNebraska Supreme Court · 1907
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