Peninsular Trading & Fishing Co. v. Pacific Steam Whaling Co.

Action for an accounting. Defendant demurred to the complaint on the grounds: 1. Insufficiency of facts; 2. Want of jurisdiction of the subject of the action. The court sustained the demurrer and gave defendant judgment dismissing the action from which plaintiff appeals. The complaint sets forth the following facts: Plaintiff and defendant are corporations organized under the laws of California, having their principal place of business at San Francisco. On and after January 15, 1892, plaintiff was and now is the owner of a certain salmon cannery situated in the district of Alaska, and until possession thereof was given to defendant plaintiff was operating said cannery; about January 15, 1892, plaintiff made its note to defendant for twenty-five thousand dollars, payable January 15, 1893, with annual interest at ten per cent; at the delivery of said note and to secure the same, and as part of the transaction, plaintiff executed an instrument in writing purporting to transfer to defendant certain personal property then at or near said cannery and then being used by plaintiff in operating the same; as part of the same transaction it was mutually agreed that defendant should take…