Merritt & Chapman Derrick & Wrecking Co. v. Tice
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Walter J. Tice and others, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 30th day of April, 1902, setting aside the direction of the '.trial court, made before the opening of the case dismissing the ■.'(Complaint, and granting the plaintiff’s motion for a new trial.
1Opinion of the Court
..Hatch, J.:
The complaint avers that the plaintiff is a corporation, and that ;,the defendants were partners and owners of the barge E. W. Stet■sonj “ that at the special instance and request of the defendants, between the 3d day of December, 1898, and the 6th day of January, 1899, both dates inclusive, the plaintiff performed certain wrecking ■services and work and labor and furnished certain materials to the •defendants in and about the rescue and floating of the said barge E. W. Stetson which was ashore off the north shore of Long Island, near Jamesport, New York, and bringing the same to…
2Cases cited1 opinion
- The IndependenceU.S. Circuit Court for the District of Massachusetts · 1855
3Cited by3 opinions
- Reynolds v. Browning, Wells & Co.Appellate Division of the Supreme Court of the State of New York · 1928
- Merritt & Chapman Derrick & Wrecking Co. v. TiceAppellate Division of the Supreme Court of the State of New York · 1907
- Merritt & Chapman Derrick & Wrecking Co. v. TiceAppellate Division of the Supreme Court of the State of New York · 1904