Legal Opinion

Commercial National Bank of Chicago v. Sloman

New York Court of Appeals

Decided March 5, 1909PublishedCited by 1 opinion

Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 26,1907, which modified and affirmed as modified a judgment in favor of plaintiff entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 26,1907, which modified and affirmed as modified a judgment in favor of plaintiff entered upon a verdict directed by the court and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The captain had power and authority to borrow money at" the port of New Orleans for the payment of the ship’s expenses and disbursements there. (The Wyandotte, 136 Fed. Rep. 470 ; 145 Fed. Rep. 321;…

1Opinion of the CourtHiscock, J.

This action was brought to recover with interest the sum of $8,087.23, claimed to have been loaned and advanced by plaintiff to and for the benefit of defendants. At the close of the evidence each side moved for a direction of a verdict in its favor and the motion of plaintiff was granted. According to plaintiff under these circumstances the benefit of the most favorable evidence, whether contradicted or not, we have the following facts:

In 1902 the defendants were the owners of the steamship Lugano, sailing under the German flag. It was consigned for cargo to Baccich & Clement, ship brokers,…

2Cases cited4 opinions

  1. Louisiana v. WoodSupreme Court of the United States · 1880
  2. Roberts v. . ElyNew York Court of Appeals · 1889
  3. Hoag v. . Town of GreenwichNew York Court of Appeals · 1892
  4. Chase v. . McLeanNew York Court of Appeals · 1892

3Cited by1 opinion

  1. Mackintosh v. ChambersMassachusetts Supreme Judicial Court · 1934

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