Ashbury v. Sanders
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. This was an action to foreclose a mortgage executed by Gr. J. Hubert Sanders to plaintiff, to which his wife was made a party defendant, who, in her answer, set up as matter in abatement the death of her husband on the high seas. The remainder of this case is sufficiently stated, in the opinion of the Court. Judgment for defendant, and plaintiff appealed.
1Opinion of the CourtBurnett, J.
The only question of fact in this case, decided by the Court below, was the alleged death of Sanders, the defendant. It was shown, in proof, that Sanders left San Francisco in the bark Elvira Harbeck, for Manila; that said bark arrived at the Sandwich Islands on the second day of May, 1855, and soon left, with *64Sanders on board, since which time nothing has been heard of him, or of the vessel, or any of the crew; that the insurance on the vessel, as a total loss, had been paid, and the relatives of the master and his wife, who were on board, went into mourning for them, and had given them up…
2Cases cited1 opinion
- Burr v. SimSupreme Court of Pennsylvania · 1839
3Cited by12 opinions
- Smellie v. Southern Pacific Co.California Supreme Court · 1931
- Lesser v. New York Life InsuranceCalifornia Court of Appeal · 1921
- Solomon v. RedonaCalifornia Court of Appeal · 1921
- Pollack v. HammCalifornia Supreme Court · 1970
- Rossi v. ZappaterraCalifornia Court of Appeal · 1965
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