Sheldon v. S.S. Uncle Sam
California Supreme Court
Appeal from the Seventh District. Action under the three hundred and seventeenth section of the Practice Act for malperformance of a passenger contract. When the suit was first brought, husband and wife were joined as plaintiffs. Defendant demurred for misjoinder of parties plaintiff. Overruled, and the cause proceeded to trial, in the course of which the plaintiffs moved to amend by striking out the name of the wife.
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Appeal from the Seventh District. Action under the three hundred and seventeenth section of the Practice Act for malperformance of a passenger contract. When the suit was first brought, husband and wife were joined as plaintiffs. Defendant demurred for misjoinder of parties plaintiff. Overruled, and the cause proceeded to trial, in the course of which the plaintiffs moved to amend by striking out the name of the wife. Granted, A verdict was rendered for plaintiff, and was subsequently set aside and a new trial ordered. The cause again came on for trial, the husband alone being plaintiff.…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
This is an action brought under the provisions of the three hundred and seventeenth section of the Practice Act, to recover damages for the malperformance of a contract made with the Accessory Transit Company of Nicaragua, to convey Catherine Sheldon, wife of James Sheldon, from San Francisco to New York, by what was known as the Nicaragua route. This company were the owners of a number of steamships engaged as common carriers in the transportation of persons and property, for hire, between those points, and the contract provided for the conveyance of Mrs. Sheldon from…
2Cases cited2 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Ives v. CarterSupreme Court of Connecticut · 1856
3Cited by8 opinions
- Acosta v. Southern California Rapid Transit DistrictCalifornia Supreme Court · 1970
- Moody v. Southern Pacific Co.California Supreme Court · 1914
- Gomez v. ScanlanCalifornia Supreme Court · 1909
- Williamson v. Pacific Greyhound LinesCalifornia Court of Appeal · 1944
- Matthew v. Central Pacific RailroadCalifornia Supreme Court · 1883
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