Robinson v. . Chittenden
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. (Reported below, 7 Hun, 133.) This action was brought against defendants as owners of the ship Great Republic to recover the value of a trunk and its contents, shipped on board of said vessel at San Francisco to be transported to New York.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. (Reported below, 7 Hun, 133.) This action was brought against defendants as owners of the ship Great Republic to recover the value of a trunk and its contents, shipped on board of said vessel at San Francisco to be transported to New York. The ship had been chartered for the voyage from San Francisco to New York by the firm of Moore & Co., of San Francisco; to be victualled, manned and sailed at the expense…
1Opinion of the CourtFolger, J.
It appears from the testimony that Moore & Co., of San Francisco, were charterers of the ship of the defendants, for the voyage from that port to Hew York city. They had nothing to do with the victualling, manning or sailing of the ship on that voyage. Such is the testimony of one of them, and it is not contradicted. We may take it as established, that the defendants, as owners of the vessel, equipped, manned and victualled her, and that she was sailed for the voyage at their expense, by the master, officers and seamen, appointed, hired and paid by them.
In such case the general owner is the…
2Cases cited7 opinions
- Gracie v. PalmerSupreme Court of the United States · 1823
- Sweet v. . BarneyNew York Court of Appeals · 1861
- Camden & Amboy Railroad & Transportation Co. v. BelknapNew York Supreme Court · 1839
- The VolunteerDistrict Court, D. Massachusetts · 1834
- Campbell v. . PerkinsNew York Court of Appeals · 1853
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3Cited by5 opinions
- The T. A. GoddardDistrict Court, S.D. New York · 1882
- Roberts v. . ChittendenNew York Court of Appeals · 1882
- The DrewDistrict Court, S.D. New York · 1883
- Claim of Crespo v. Radio Corp. of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Adamowski v. Curtis-Wright Flying Service, Inc.Massachusetts District Court, Appellate Division · 1936