Young v. . Leary
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made ISTovemher 5, 1891, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This was an action upon a guaranty. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made ISTovemher 5, 1891, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This was an action upon a guaranty. The facts, so far as material, are stated in the opinion. The referee committed a grave error in holding that the covenant to return the vessel in good condition was an absolute engagement to return it in any event, or pay the owner its value in case of a failure to return. McKay, the charterer, was not liable in case of destruction…
1Opinion of the CourtPeokham, J.
The questions in this case arise out of a charter party executed on the 17th of October, 1884, by the Washburn Steamboat Co., and one McKay, for, whom the defendant became surety. The company on the day mentioned let and McKay hired the steam propeller called the Alicia A. Washburn, of which the company was the owner, for the term of twelve months from October 17, 1884, to be employed in lawful trade between Key West and other points on the West Florida coast on the terms and conditions mentioned in the charter party. Among other provisions thereof was one by which McKay agreed to procure a…
2Cases cited5 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
- Warner v. HitchinsNew York Supreme Court · 1849
- Ames v. BeldenNew York Supreme Court · 1854
- Hyland v. PaulNew York Supreme Court · 1860
3Cited by31 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Mulvaney v. King Paint Mfg. Co.Court of Appeals for the Second Circuit · 1919
- Standard Brewery v. Bemis & Curtis Malting Co.Illinois Supreme Court · 1898
- Loeb v. FerberSupreme Court of Pennsylvania · 1943
- Perreault v. Circle Club, Inc.Massachusetts Supreme Judicial Court · 1950
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