Russell v. . Allerton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the 1st Monday of October, 1885, which affirmed a judgment in favor of defendant entered upon a verdict and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the 1st Monday of October, 1885, which affirmed a judgment in favor of defendant entered upon a verdict and affirmed an order denying a motion for a new trial. This action wus brought to recover damages for a breach of contract of freight entered into between the plaintiffs and the defendant, dated at Liverpool, July 23, 1878. It was agreed between the plaintiffs, as sub-owners of the steamer Bertha, and the defendant, that the steamer should proceed to Philadelphia, and…
1Opinion of the CourtPbokham, J.
We do not think that the effect of the words in the charter-party, “ charterers to approve the ventilation,” was to leave the subject of the ventilation of the ship to the absolute, unreasonable and wholly arbitrary decision of the charterer. The agreement was entered into in England in July, 1878, and performance was not to be entered upon, at the earliest, until the middle of the following March, and plaintiffs were to send their ship over to Philadelphia to load. It can scarcely be regarded as credible that the owners of the vessel would place in the hands of the charterer the right to…
2Cases cited1 opinion
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
3Cited by58 opinions
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- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- William C. Atwater & Co. v. Panama RailroadNew York Court of Appeals · 1927
- McGrail v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1944
- Carnig v. CarrMassachusetts Supreme Judicial Court · 1897
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