Legal Opinion

Frese v. Moore

California Court of Appeal

Decided September 15, 1905No. 42PublishedCited by 2 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco. J. C. B. Hebbard, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtCooper, J.

Appeal from judgment in favor of plaintiff and from an order denying defendant’s motion for a new trial.

The facts upon which the question as to whether or not the. defendant is liable are in substance as follows: On November 3, 1897, the plaintiff (as party of the second part) entered into a contract with the Brunette Sawmill Company (as party of the first part), by the terms of which plaintiff chartered from said company the American barkentine Wrestler for a voyage from Frazer River in British Columbia to Fremantle in Australia. The company agreed to furnish for plaintiff to said vessel at…

2Cases cited4 opinions

  1. M'Dermutt v. StrongNew York Court of Chancery · 1820
  2. Cutting Packing Co. v. Packers' ExchangeCalifornia Supreme Court · 1890
  3. McCarthy v. Mt. Tecarte Land & Water Co.California Supreme Court · 1896
  4. Myers v. S. Feather Water Co.California Supreme Court · 1858

3Cited by2 opinions

  1. Corvallis & Alsea River R. v. Portland E. & E. Ry. Co.Oregon Supreme Court · 1917
  2. Robinson v. RispinCalifornia Court of Appeal · 1917

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