Speck v. Hoyt
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The. complaint alleges that the plaintiff, on the 12th September, 1852, was owner of one-half of the Schooner Groliah, of the value of $6000, which was moored at the port of San Francisco ; that on the 15th December, 1852, defendant took the said schooner and converted her to his own use, and being unlawfully possessed of her as aforesaid, sent her to Angel Island, where she was damaged and spoiled, and plaintiff…
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Appeal from the Superior Court of the City of San Francisco. The. complaint alleges that the plaintiff, on the 12th September, 1852, was owner of one-half of the Schooner Groliah, of the value of $6000, which was moored at the port of San Francisco ; that on the 15th December, 1852, defendant took the said schooner and converted her to his own use, and being unlawfully possessed of her as aforesaid, sent her to Angel Island, where she was damaged and spoiled, and plaintiff lost his half of her, to his damage $3000, the half value of said schooner; and prays judgment, &c. Defendant answered…
1Opinion of the CourtHeydenfeldt, Justice
There is in this case, no conflict of evidence whatever. It matters not that the defendant, for his own security, had verbally stopped the freight-money. This seems to have given much offence to the plaintiff, and his part owner; and they therefore appeared to decline the proper care and responsibility which belonged to them as owners.
The act of Hoyt, in receiving the hire from Southorne, and giving his consent for the vessel to make a trip to Angel Island, was no trespass; taken in connection with the fact, that he had stopped the freight-money previously, it amounted to a waiver of his…
2Cited by2 opinions
- Kennon v. GilmerMontana Supreme Court · 1885
- Hastings v. Steamer Uncle SamCalifornia Supreme Court · 1858