Dalrymple v. Hanson

By the Court,

Bennett, J. Appeal from court of First Instance for the district of San Francisco. The complaint alleges that the defendant made a contract with the plaintiff to transport the materials for a house, together with certain boxes of merchandise, consisting of hardware, from Baltimore to San Francisco, on the defendant’s ship called the Jane Parker—that the house and merchandise, instead of being put on board the Jane Parker, were shipped on another vessel belonging to the defendant, called the bark Hebe-—that the Jane Parker arrived at San Franscisco two months before the Hebe—and that the plaintiff had sustained damage to the amount of twenty-five thousand dollars, by reason of the house and merchandise being of less value at the time of the arrival of the Hebe, than they would have been at the time of the arrival of the Jane Parker.

The defendant, in his answer, denies that he undertook to carry the property in question on the Jane Parker, but alleges that it was understood and agreed that it should be shipped on the Hebe. He also alleges that the property was of greater value at the time of the arrival of the Hebe, than such property was worth at the time of the arrival of the Jane Parker.

[126]The case was tried before a jury. Three witnesses were sworn on the part of the plaintiff. One of them, William II. Stump, testified as follows :—“ That lie knew the parties, and that sorne- “ time before the sailing of the ship Jane Parker from Balti- “ more to San Francisco, the defendant told witness that he was “ going to take a house for plaintiff from Baltimore to San “ Francisco—that plaintiff was not then present on the Jane “ Parker—that sometime after, witness saw the materials of a “ house on the wharf of the Jane Parker, marked with the “ initial letters of the plaintiff’s name—that, at that time, the “ bark Hebe was lying at the wharf, about one hundred feet “ from the Jane Parker—that all he knew about the contract “ to take the house on the Jane Parker, was what the defend- “ ant said to him as before stated—that at the time defendant “ told the witness that he was going to take the house as men- “ tioned, witness knew nothing about the defendant’s having “ the Hebe»

Samuel Stump, on the part of the plaintiff, testified “ That he “ saw a house, some five or six days before the Jane Parker “ sailed, marked with the initials of the plaintiff’s name, lying “ upon the wharf at Baltimore—that the bark líele was then “ lying about one hundred feet from the Jane Parker—that “ the only way he knew the house was plaintiff’s was by the “ initial letters.”