Tebo v. Jordan
New York Supreme Court
Appeal from special term, New York county. Action by William M. Tebo against Henry Gregory Jordan, Morton Stimpson Crehore, and Charles Daniel Jordan upon a charter party. From a judgment dismissing the complaint, with costs, entered on a directed verdict, plaintiff appeals.
Read the full summary
Appeal from special term, New York county. Action by William M. Tebo against Henry Gregory Jordan, Morton Stimpson Crehore, and Charles Daniel Jordan upon a charter party. From a judgment dismissing the complaint, with costs, entered on a directed verdict, plaintiff appeals. The plaintiff was the owner of the steam tug B. T. Haviland, and the defendants were partners under the name of H. G. Jordan & Go., and engaged in the transportation of coal in barges from Newport News, New York, and Philadelphia to Boston and other ports in the New England states. October 23, 1888, the parties to this…
1Opinion of the CourtFollett, J.
Under this charter party the law implies a warranty by the owner (the plaintiff) that the tug was seaworthy. Putnam v. Wood, 3 Mass. 481-483; Kopitoff v. Wilson, 1 Q. B. Div. 377-380; Cohn v. Davidson, 2 Q. B. Div. 458; Iron Co. v. Huntley, 2 C. P. Div. 464; 1 Pars. Har. Law, 258. A vessel which is not commanded by competent officers is unseaworthy. Walden v. Insurance Co., 12 Johns. 128-134; Draper v. Insurance Co., 4 Duer, 234; 2 Pars. Har. Law, 135. The plaintiff was not a common carrier, and liable as an insurer of the safety of the barges, but he was liable for the damages occasioned by…
2Cases cited5 opinions
- The Steamer WebbSupreme Court of the United States · 1872
- Wells and Tucker v. . the Steam Navigation CompanyNew York Court of Appeals · 1853
- Putnam v. WoodMassachusetts Supreme Judicial Court · 1807
- Walden v. New-York Firemen InsuranceNew York Supreme Court · 1815
- Tebo v. JordanNew York Supreme Court · 1891
3Cited by1 opinion
- Tebo v. JordanNew York Supreme Court · 1893