Adams v. Carey
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Bean. This is an action by C. F. Adams and A. C. Mills against F. W. Carey, doing business under the firm name and style of F. W. Carey & Company, to recover $4,500, balance due for services of the tug Sampson. Upon the trial there was a verdict and judgment of $8,868.45 for plaintiffs, and defendant appeals.
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From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Bean. This is an action by C. F. Adams and A. C. Mills against F. W. Carey, doing business under the firm name and style of F. W. Carey & Company, to recover $4,500, balance due for services of the tug Sampson. Upon the trial there was a verdict and judgment of $8,868.45 for plaintiffs, and defendant appeals. The agreement under which the tug Sampson performed towing for defendant is set forth in the complaint as follows: “This charter party, made and concluded upon in Portland, Oregon, this 29th day of September, 1906, by and…
1Opinion of the CourtJustice Bean
Upon the trial, the court sustained the objection of plaintiffs to the evidence offered by defendant as to the damages paid by defendant to the owners of the schooner Louis. Upon the part of plaintiffs, it is contended that the contract entered into between the parties constituted a demise of the tug Sampson to defendant, Carey, and made him the owner joro hac vice. On the other hand, the defendant contends that the contract was one of towage or affreightment, and therefore the court erred in rejecting the evidence of the claim of defendant for damages caused by the negligence of plaintiffs…
2Cases cited17 opinions
- The Edwin I. MorrisonSupreme Court of the United States · 1894
- Leary v. United StatesSupreme Court of the United States · 1872
- The Steamer SyracuseSupreme Court of the United States · 1871
- Marcardier v. Chesapeake InsuranceSupreme Court of the United States · 1814
- Multnomah County v. Willamette Towing Co.Oregon Supreme Court · 1907
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3Cited by2 opinions
- Deniff v. Charles R. McCormick & Co.Oregon Supreme Court · 1922
- American Tug Boat Co. v. Washington Toll Bridge AuthorityWashington Supreme Court · 1955