Brooklyn Ash Removal Co. v. . Connell
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 13, 1916, modifying and affirming as modified a judgment in favor of defendant entered upon an order of Special Term granting a motion by defendant for judgment upon the pleadings. The nature of the action and the facts, so far as material, are stated in the opinion. The charter gave the possession and control of the scow to the plaintiff.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 13, 1916, modifying and affirming as modified a judgment in favor of defendant entered upon an order of Special Term granting a motion by defendant for judgment upon the pleadings. The nature of the action and the facts, so far as material, are stated in the opinion. The charter gave the possession and control of the scow to the plaintiff. (Hagar v. Clark, 78 N. Y. 45; Anderson v. Boyer, 156 N. Y. 93; Bissell v. Torrey, 60 N. Y. 635; The Willie, 231 Fed. Rep. 865; Dailey…
1Opinion of the CourtCuddeback, J.
The defendant in this action was the owner of a scow, which, with other scows, she let and chartered to the plaintiff. The scows were to be used by the plaintiff for a term fixed, at a monthly rental, in and about New York harbor, in carrying out a contract with the street cleaning department of the city. The charter of the scows provided that the defendant should keep the same in repair. The plaintiff delivered the scow in question to the defendant for repair. The defendant made the repair and then refused to return the scow to the plaintiff. Thereupon the plaintiff brought this action in…
2Cited by3 opinions
- Muscelli v. Frederick Starr Contracting Co.New York Court of Appeals · 1947
- Graves v. . DavisNew York Court of Appeals · 1923
- Pennsylvania Railroad v. McAllister Bros.District Court, S.D. New York · 1956