Hagar v. . Clark
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 12 Hun, 524.) This action was brought to recover a balance alleged to be due of the sum stipulated to be paid under a charter-party, executed by the parties, and for expenses and demurrage. The following is a copy of the charter-party.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 12 Hun, 524.) This action was brought to recover a balance alleged to be due of the sum stipulated to be paid under a charter-party, executed by the parties, and for expenses and demurrage. The following is a copy of the charter-party. “ This charter-party, made and concluded upon in the city of New York the twenty-seventh day of July, in the year of our Lord eighteen hundred and sixty-five, between…
1Opinion of the CourtDanforti-i, J.
The plaintiffs are the owners, and the defendants the charterers, of the steamship Hagar. The plaintiffs claim that by the charter party they so changed their relation to the vessel that the defendants became the owners for the voyage, and upon this ground have recovered judgment. We are therefore by an examination of its covenants and stipulations to ascertain whether it operates as a demise of the ship itself, or whether all that the charterers acquired under it was the right to have their goods conveyed by the vessel. If the first, the decision of the court below was correct, for the…
2Cases cited7 opinions
- Leary v. United StatesSupreme Court of the United States · 1872
- Work v. LeathersSupreme Court of the United States · 1878
- Clarkson v. EdesNew York Supreme Court · 1825
- Certain Logs of MahoganyU.S. Circuit Court for the District of Massachusetts · 1837
- Sherman & McCabe v. FreamNew York Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kuhn v. City of New YorkNew York Court of Appeals · 1937
- Muscelli v. Frederick Starr Contracting Co.New York Court of Appeals · 1947
- Boston Elevated Ry. Co. v. MalleyDistrict Court, D. Massachusetts · 1923
- The Fort GainesDistrict Court, D. Maryland · 1928
- Grimberg v. Columbia Packers' Assoc.Oregon Supreme Court · 1905
4 more not listed; retrieve them via the Exa API.