Citation Numbers: 9 Cal. 276
Judges: Burnett, Terry
Filed Date: 7/1/1858
Status: Precedential
Modified Date: 1/12/2023
The facts necessary to illustrate the opinion were substantially these: Newell Hall kept a ferry across the Sacramento River, at Tehama, from October, 1851, up to February, 1854, under a license from Butte county. His license expired on the eighth day of October, 1853, and his ferry-boat was swept away by a flood in February, 1854. Being unable to build another boat, it was agreed, between Hall and defendants, in the latter part of March, 1854, that defendants should furnish the means and build a ferry-boat, and keep the ferry under the license to Hall; and, after deducting from the amounts received for ferriage a sufficient sum to cover the cost of the boat, and interest, and expenses, the defendants were to return the boat and ferry to Hall. On the seventh day of August, 1854, Hall made application for license to keep the ferry, which application was rejected. On the sixth day of December, 1854, Finch made application for a license, which was granted for the period of one year. The defendants, Chard and Finch, have kept the ferry from the date of the agreement between Hall and defendants up to the commencement of this suit. Hall assigned his interest in the ferry to Crosby, and he to the plaintiff. This suit was brought for an accounting and a return of the ferry. The defendants had judgment in the Court below, and the plaintiff appealed.
We think the decree of the Chancellor was correct. The complaint alleges that the defendants were to renew the license in the name of Hall. This is denied in the answer, and is not sustained by the proof. The evidence of the plaintiff shows that the defendants were to keep the ferry, under the license to Hall.
Decree affirmed.