Michigan Steamship Co. v. American Bonding Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Michigan Steamship Company, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of January, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to the second, third and fourth separate defenses set forth in the defendant’s amended answer.
1Opinion of the Court
Ingraham, J. :
The instrument sued on in this action is a bond by which the Houston Oil Company of Texas (therein called the “ charterer ”), as principal, and the American Bonding Company of Baltimore, as surety, are held and firmly bound unto the plaintiff “ in the sum of the amount of the actual damages sustained by it by reason of any breach or breaches by the Charterer,” of the provisions of a charter party, the entire aggregate amount of which damages shall not in any event exceed the sum of $100,000 ; “should any breach or breaches be made by Charterer within the first three years of the…
2Cases cited1 opinion
- Antisdel v. . WilliamsonNew York Court of Appeals · 1901
3Cited by3 opinions
- Michigan Steamship Co. v. American Bonding Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Burfeind v. People's Surety Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Katz v. LeblangAppellate Division of the Supreme Court of the State of New York · 1935