Weisser v. Maitland
The Superior Court of New York City
Demurrer to pleas. The declaration was upon a charter party, between the plaintiff, as the agent for the owners of the brig Linnea, and the defendant, (who executed the same under seal, in the name of Maitland, Phelps & Oo., of which film he was a member,) dated April 7th, 1847, by which, among other things, the plaintiff chartered the vessel to the defendant for a voyage from Hew York to Liverpool, and engaged that she should be provided with every requisite, and should,…
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Demurrer to pleas. The declaration was upon a charter party, between the plaintiff, as the agent for the owners of the brig Linnea, and the defendant, (who executed the same under seal, in the name of Maitland, Phelps & Oo., of which film he was a member,) dated April 7th, 1847, by which, among other things, the plaintiff chartered the vessel to the defendant for a voyage from Hew York to Liverpool, and engaged that she should be provided with every requisite, and should, with some trifling exceptions, be at the sole use and disposal of the defendant during the voyage. The vessel was to take…
1Opinion of the Court
By the Court. Oakley, Ch. J.
There is no doubt that these pleas are bad in form, under the old system of pleading, as being equivalent to the general issue. But under section 17 6 of the code, a defect of this character is no longer to be regarded; and it would be proper, under the provisions of that section, to amend the pleas by striking out the conclusion with a verification, and inserting one to the country.
The allegation contained in the second plea, of want of notice to the defendants that the vessel was ready by .the twelfth of April, is entirely immaterial. If the time of the readiness…
2Cited by6 opinions
- Heyn v. . New York Life Ins. Co.New York Court of Appeals · 1908
- Collins v. KnuthAppellate Division of the Supreme Court of the State of New York · 1900
- Pedersen v. PagenstecherDistrict Court, S.D. New York · 1887
- People ex rel. Thorn v. PangburnThe Superior Court of New York City · 1895
- People ex rel. Thorn v. PangburnThe Superior Court of the City of New York and Buffalo · 1895
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