Michigan Steamship Co. v. American Bonding Co.
Appellate Division of the Supreme Court of the State of New York
. Appeal in each of the . above-entitled. actions by the defendant, the American Bonding Company.of Baltimore, from an order of the Supreme Court, made at the Mevr York Special Term and entered in the office of the clerk of the county of Mew York on the 5th day of July, 1905, permitting the plaintiff to amend its complaint upon terms and providing in action Mo. 1 that the cáse retain its place upon the calendar without the service of a further notice of trial and in action…
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. Appeal in each of the . above-entitled. actions by the defendant, the American Bonding Company.of Baltimore, from an order of the Supreme Court, made at the Mevr York Special Term and entered in the office of the clerk of the county of Mew York on the 5th day of July, 1905, permitting the plaintiff to amend its complaint upon terms and providing in action Mo. 1 that the cáse retain its place upon the calendar without the service of a further notice of trial and in action Mo. 2 that the date- of issue shall not be affected by the amendment. ' •
1Opinion of the Court
Laughlin, J. :
Each of these actions is brought against the defendant as surety on a bond of indemnity given to the plaintiff by-the Houston Oil Company as principal and the defendant as surety conditioned for the payment of the actual damages sustained by the plaintiff-Hot exceeding the sum of $100 by a breach of the charter party executed between the plaintiff and said oil company as charterer of a steamship which, according to the contract, was to be converted into an oil. tank by the plaintiff within a specified time and then delivered to the charterer. The defendant set up as a separate…
2Cases cited1 opinion
- Michigan Steamship Co. v. American Bonding Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by7 opinions
- Gillette v. AllenAppellate Division of the Supreme Court of the State of New York · 1945
- International Railway Co. v. JaggardAppellate Division of the Supreme Court of the State of New York · 1922
- Bonsignore v. L & D Carriers, Inc.New York Supreme Court · 1960
- In re the Estate of NachmanNew York Surrogate's Court · 1959
- A. S. Wickstrom, Inc. v. StateNew York Court of Claims · 1957
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