Alaska Fishermen's Packing Co. v. Chin Quong
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; Wm. C. Van Fleet, Judge._ Action by Chin Quong against the Alaska Fishermen’s Packing Company. Judgment for plaintiff, and defendant brings error. The parties will be designated plaintiff and defendant as they were in the court below.
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In Error to the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge._ Action by Chin Quong against the Alaska Fishermen’s Packing Company. Judgment for plaintiff, and defendant brings error. The parties will be designated plaintiff and defendant as they were in the court below. The plaintiff brought an action upon a contract which it had with the defendant to recover $20,240.10. There were three counts in the complaint. The second was for the recovery of $1,671.40 on account of work done and moneys paid and expended for…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] Error is assigned to the denial of the defendant’s motion for a nonsuit as to the first cause of action, made at the close of the plaintiff’s testimony. The assignment of error is of no avail to the defendant in this court for the reason that, after the motion for a nonsuit was overruled, the defendant proceeded to take testimony upon the issues involved in said cause of action, including evidence tending to show that the plaintiff had not performed the contract, and did not, at the close of all the testimony, request the court to instruct the jury to…
2Cases cited6 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Runkle v. BurnhamSupreme Court of the United States · 1894
- Hansen v. BoydSupreme Court of the United States · 1896
- Walton v. Wild Goose Mining & Trading Co.Court of Appeals for the Ninth Circuit · 1903
- Cunningham v. SpringerSupreme Court of the United States · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Novick v. GouldsberryCourt of Appeals for the Ninth Circuit · 1949