Legal Opinion

Merritt & Chapman Derrick & Wrecking Co. v. Tice

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1907Published

Appeal by the defendants, Walter J. Tice and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of ¡New York on the 7th day of June, 1906, upon the verdict of a jury, and also from two orders entered in said clerk’s office on the 11th day of June, 1906, one denying the defendants’ motion for a new trial made upon the minutes, and the other granting the plaintiff’s motion for an extra allowance.

1Opinion of the Court

Patterson, P. J.:

This is the third time this cause has been before.us. on'appeal (77 App. Div. 326 ; 97 id. 457), and it is unnecessary to state in detail the facts appearing upon the record. The plaintiff is'a corporation, and the defendants were partners, who in December, 1898, owned a barge named the F. W. Stetson, which was stranded on the Long Island shore. It is alleged in the complaint that at the special instance and request of the defendants, the plaintiff performed certain wrecking service work and labor, 'and furnished materials to the defendants in and, about the rescue and…

2Cases cited1 opinion

  1. Merritt & Chapman Derrick & Wrecking Co. v. TiceAppellate Division of the Supreme Court of the State of New York · 1902

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