Merrick v. . Van Santvoord
New York Court of Appeals
Appeal from the affirmance, in the fifth judicial district, of a judgment rendered at the Oswego circuit against both the defendants for $6,846.56. The action was for damages caused by the negligence of the proprietors of steamer Cayuga in towing the boat Camden, by which the latter was sunk in the Hudson river, and the bulk of the cargo lost. The defendant Brainard was one of the proprietors of the ‘Cayuga, and the Steam navigation Company was another.
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Appeal from the affirmance, in the fifth judicial district, of a judgment rendered at the Oswego circuit against both the defendants for $6,846.56. The action was for damages caused by the negligence of the proprietors of steamer Cayuga in towing the boat Camden, by which the latter was sunk in the Hudson river, and the bulk of the cargo lost. The defendant Brainard was one of the proprietors of the ‘Cayuga, and the Steam navigation Company was another. The latter was a Connecticut corporation, and it was held that, as the business of the corporation was wholly conducted in the State of ¡New…
1Opinion of the CourtPorter, J.
The defendant Van Santvoord was not a party to the contract with the proprietors .of the Camden, and he did not navigate the steamboat by which that vessel was towed. He neither owned nor chartered the Cayuga, nor did he take any part, as agent or otherwise, in chartering it. He was held liable on the sole ground that he was a stockholder in the Steam ¡Navigation Company, and that Mr. Rcdfield, who was the secretary of that company, and who acted in its behalf, united with other parties in chartering the steamer Cayuga, for the use of the Hudson River Towing Association. To connect the…
2Cases cited14 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Society for the Propagation of the Gospel in Foreign Parts v. Town of PawletSupreme Court of the United States · 1830
- Runyan v. Lessee of CosterSupreme Court of the United States · 1840
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- Plimpton v. . BigelowNew York Court of Appeals · 1883
- People v. RahmanAppellate Division of the Supreme Court of the State of New York · 1978
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