Ward v. . Whitney
New York Court of Appeals
This action was brought in the Superior court of the city of New York upon a bond given by the defendants to obtain the discharge of an attachment issued by the plaintiff against Thomas Tremlett, a nonresident debtor, upon which the ship James Edward belonging to him had been taken. The bond contained a recital that application had been made by the defendant Whitney, for the discharge of the attachment. The cause was tried in October, 1848, before Mr. Justice Vanderpoel.
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This action was brought in the Superior court of the city of New York upon a bond given by the defendants to obtain the discharge of an attachment issued by the plaintiff against Thomas Tremlett, a nonresident debtor, upon which the ship James Edward belonging to him had been taken. The bond contained a recital that application had been made by the defendant Whitney, for the discharge of the attachment. The cause was tried in October, 1848, before Mr. Justice Vanderpoel. To show the debt for which the attachment was issued, the plaintiff introduced the deposition of Joseph Webster, the…
1Opinion of the CourtMason, J.
The defendants’ objection to the reading of the charter party was not well taken. The evidence of Webster had been taken conditionally, and the execution of the charter party was then proved without any objection being interposed. It was therefore too late to make one uoon the trial. (2 Cow. & Hill’s Notes, 558, 1213.)
There is no force in the objection that the plaintiff can not recover without joining Webster as a coplaintiff in the action. The legal title to the ship,- and the legal interest in the charter party was in the plaintiff, and he alone was entitled to maintain the action. (Alsop…
2Cases cited4 opinions
- Clark v. MillerNew York Supreme Court · 1830
- Alsop v. CainesNew York Supreme Court · 1813
- Clarkson v. CarterNew York Supreme Court · 1824
- Mitchell v. ThorpNew York Supreme Court · 1830
3Cited by7 opinions
- Willett & Burr v. AlpertCalifornia Supreme Court · 1919
- Marvin Safe Co. v. EmanuelNew York Court of Common Pleas · 1888
- Williams v. GridleyAppellate Division of the Supreme Court of the State of New York · 1906
- Schneck v. CobbIndiana Supreme Court · 1886
- Quader-Kino A. G. v. NebenzalCalifornia Supreme Court · 1950
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