Union Fish Co v. Erickson
Decision Date | 07 January 1919 |
Docket Number | No. 76,76 |
Parties | UNION FISH CO. v. ERICKSON |
Court | U.S. Supreme Court |
Messrs. G. S. Arnold and William Denman, both of San Francisco, Cal., for petitioner.
[Argument of Counsel from pages 308-311 intentionally omitted] Mr. Charles J. Heggerty, of San Francisco, Cal., for respondent.
Erickson filed a libel in admiralty in the District Court of the United States for the Northern District of California, alleging that by an oral contract with the petitioner, owner of the vessel Martha, he engaged to proceed to Pirate Cove, Alaska, and after arrival there to serve for a year as master of the vessel, and perform certain duties in connection therewith for an agreed compensation. The libel averred that he proceeded to Pirate Cove, and performed his duties under the contract until he was wrongfully discharged by the respondent. Libelant sought to recover damages for breach of contract. An answer was filed denying the alledged contract, and averring that libelant was discharged because of his wrongful conduct.
A decree was rendered in favor of libelant in the District Court; upon appeal that decree was affirmed by the Circuit Court of Appeals. 235 Fed. 385, 148 C. C. A. 647.
The question presented and argued here concerns the application of the California statute of frauds, which it is alleged rendered the contract void because not to be performed within one year from the making thereof. The Civil Code of California provides (section 1624):
'The following contracts are invalid, unless the same, or some note or memorandum thereof, is in writing and subscribed by the party to be charged, or by his agent:
The contract of the master was of a maritime character. This does not seem to be controverted by the petitioner. See The Boston, Fed. Cas. No. 1669; The William H. Hoag, 168 U. S. 443, 18 Sup. Ct. 114, 42 L. Ed. 537. We have, then, a maritime contract for services to be performed principally upon the sea and the question is can such engagement be nullified by the local laws of a state, where the contract happens to be entered into, so as to prevent its enforcement in an admiralty court of the United States?
The Constitution (article 3, § 2) extends the judicial power of the United States to all cases of admiralty and maritime jurisdiction. Admiralty jurisdiction under the federal Constitution 'embraces,' says Mr. Justice Story in his treatise on the Constitution, Story on the Constitution (4th Ed.) § 1666.
This court has had occasion to consider the nature and extent of admiralty jurisdiction as it was intended to be conferred by the Constitution. In The Lottawanna, 21 Wall. 558, 22 L. Ed. 654, the subject was much considered, and Mr. Justice Bradley, speaking for the court, said:
This principle was reiterated in Workman v. New York City, 179 U. S. 552, 560, 21 Sup. Ct. 212, 45 L. Ed. 314. In that case it was declared that neither local law...
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