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· 7/1/1859

Ord v. Steamer Uncle Sam

Citations

  • 13 Cal. 369

Syllabus

<p>A specific allegation of a contract, in a verified complaint, is not sufficiently controverted by an answer stating that defendant has no knowledge or information respecting the same, and therefore denies the same; and no evidence of the contract would be necessary.</p> <p>A contract, under Section 817, Practice Act, for the transportation of passengers from San Francisco to New York is an entirety, whether the entire voyage is to be performed in one vessel or not.</p> <p>And a breach of such contract at any point, as leaving the passenger on the Isthmus, renders the vessel liable.</p> <p>State Courts have jurisdiction in such cases, as per Warner v. Unde Sam, (0 Cal. G97.)</p>

Judges: Burnett, First, Second, Terry, Twice

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