Legal Opinion

Donovan v. Sheridan

The Superior Court of the City of New York and Buffalo

Decided July 3, 1893PublishedCited by 4 opinions

Appeal from jury term. Action by Patrick Donovan against Thomas Sheridan and JamesByrne. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendants appeal.

1Opinion of the CourtMcADAM, J.

The action was brought upon an agreement whereby the plaintiff chartered to the defendants the passenger steam *117tug Annie & Maggie for 150 days at $20 a day. The tug was delivered to and accepted by the defendants. The answer was a general denial, nothing more; and, the jury having found that the contract was made unconditionally as alleged, their determination ought seemingly to end the controversy. But the defendants insist upon several matters of defense not specially pleaded:

1. That when the owner of a vessel charters her or offers her for freight he is bound to see that she is seaworthy,…

2Cases cited3 opinions

  1. Work v. LeathersSupreme Court of the United States · 1878
  2. Burtis v. . ThompsonNew York Court of Appeals · 1870
  3. Cummings v. HausenNew York Court of Common Pleas · 1882

3Cited by4 opinions

  1. Stanford v. McGillNorth Dakota Supreme Court · 1897
  2. Producers' Fuel Co. v. CommissionerUnited States Board of Tax Appeals · 1924
  3. Eichner v. Bowery BankAppellate Terms of the Supreme Court of New York · 1897
  4. Producers' Fuel Co. v. CommissionerUnited States Board of Tax Appeals · 1924

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