Legal Opinion

Brooks v. Minturn

California Supreme Court

Decided June 15, 1851PublishedCited by 11 opinions

Appeal from the superior court of the city of San Francisco. The facts will be found in the opinion of the court.

1Opinion of the Court

By the Court,

Bennett, J.

The demurrer put in to the complaint was overruled by the court, and the defendant filed his answer. The answer was, as has been heretofore held, a waiver of the demurrer.

Smith & Lewis chartered the ship Ocean to the defendant, to carry a cargo of coal from Panama to San Francisco. The charter-party in the commencement of it purports to be an agreement between “ Messrs. Smith & Lewis, consignees of the “ British brig Ocean” and the defendant, and it is signed by *482Smith & Lewis as principals, and not as agents. The plaintiffs, being the owners of the ship, bring the…

2Cited by11 opinions

  1. Branch v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1877
  2. Reynolds v. LincolnCalifornia Supreme Court · 1886
  3. Osage Oil & Gas Co. v. CaulkCourt of Appeals of Texas · 1922
  4. Curtiss v. BachmanCalifornia Supreme Court · 1890
  5. Pedersen v. EugsterDistrict Court, E.D. Louisiana · 1882

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