Brooklyn Ash Removal Co. v. Connell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Brooklyn Ash Removal Company, Inc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 3d day of June, 1916, granting defendant’s motion for judgment on the pleadings under sections 547 and 976 of the Code of Civil Procedure. The pleadings consist of a complaint and answer.
1Opinion of the Court
Putnam, J.:
By this contract of hiring defendant was to furnish a captain for each scow at her expense, agreeing to be liable for his acts *183“ in the care, movement or navigation of said scows.” This we have held vested defendant’s representative with such actual possession and custody of the scow as to prevent a replevy hy the plaintiff, since a sheriff’s seizure necessarily would displace the care and custody of defendant’s captain. (173 App. Div. 5.)
Defendant thereafter moved for judgment on the pleadings, which was granted, and plaintiff appeals from this order for judgment.
The order thus…
2Cases cited1 opinion
- Brooklyn Ash Removal Co. v. ConnellAppellate Division of the Supreme Court of the State of New York · 1916