Helm v. American Hawaiian S. S. Co.
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Second Division of the Northern. District of California; Frank H. Rudkin, Judge. Action at law by Frank P. Helm against the American Hawaiian Steamship Company. Judgment for defendant, and plaintiff brings error.
Read the full summary
In Error to the District Court of the United States for the Second Division of the Northern. District of California; Frank H. Rudkin, Judge. Action at law by Frank P. Helm against the American Hawaiian Steamship Company. Judgment for defendant, and plaintiff brings error. On February 28, 1916, the plaintiff and the defendant entered into an agreement for a charter from defendant to plaintiff of the steamer Floridian at $115,000 per month for two round trips to the Orient, delivery and redelivery at San Francisco. The agreement contained this provision: “This charter all subject to…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). On the trial, instead of proving the allegations of his complaint, that he was at all times able, ready, and willing to perform, and offered to perform, the plaintiffs own testimony showed conclusively, not only that he wholly failed to furnish or offer to furnish the guaranty, but that he did not regard the contract as requiring him to furnish a guaranty-in the sum of $525,000, which sum he admitted to be “the amount of the hire money for the two round trips.” The evidence showed that what the plaintiff was proposing to do in compliance with his contract…
2Cases cited2 opinions
- Wilfley v. New Standard Concentrator Co.Court of Appeals for the Ninth Circuit · 1908
- Douglas v. HusteadSupreme Court of Pennsylvania · 1907
3Cited by1 opinion
- Penley Bros. v. HallCourt of Appeals for the First Circuit · 1936