California Steam Navigation Co. v. Wright
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. This was an action upon a contract made by the defendant, being the owner of or interested in certain steamboats, with Bichard Chenery, also the owner of steamboats, whereby the defendant, in consideration of fifteen thousand dollars to be paid by Chenery, covenanted that he would not “ run, or suffer to be run, or employed, the steamer West Point, or other steamer ” in which he was interested, to navigate…
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Appeal from the District Court of the Twelfth Judicial District. This was an action upon a contract made by the defendant, being the owner of or interested in certain steamboats, with Bichard Chenery, also the owner of steamboats, whereby the defendant, in consideration of fifteen thousand dollars to be paid by Chenery, covenanted that he would not “ run, or suffer to be run, or employed, the steamer West Point, or other steamer ” in which he was interested, to navigate certain waters of this State at any time within three years fróm the date of his contract, which was made February 21st,…
1Opinion of the Court
Burnett, J., delivered the opinión of the Court—Terry, C. J., and Field, J., concurring.
This was an action to recover a specified sum as stipulated damages.
The case was before this Court in July, one thousand eight *590hundred and fifty-six, when the judgment of the Court below sustaining the demurrer to the complaint was reversed, and the cause remanded* for further proceedings. The defendant answered, and the plaintiff had judgment, from which the defendant appealed.
The first point made by the learned counsel of appellant is that the Court erred in admitting in evidence the plaintiff’s charter.…
2Cited by16 opinions
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- Bank of Shasta v. BoydCalifornia Supreme Court · 1893
- Sickles v. LaumanSupreme Court of Iowa · 1918
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