Susquehanna Steamship Co. v. A. O. Andersen & Co.

Majority

p. 633

Susquehanna Steamship Company, Inc., Respondent, v. A. O. Andersen & Company, Inc., Appellant.

Headnote

Contract — ships and shipping — action to recover hire of steamship under contract whereby defendant agreed to make payment in consideration of assignment of charter party.

Susquehanna S. S. Co., Inc., v. Andersen & Co., Inc., 220 App. Div. 777 , affirmed.

(Argued June 12, 1928;

decided July 19, 1928.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 24, 1927, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was to recover upon an alleged contract whereby defendant in consideration of the assignment of the charter party of a steamship promised as an original obligor to make payments of the hire. (See 239 N. Y. 285 .)

p. 634

John A. McManus and Kenneth B. Thompson for appellant.

Alvin C. Cass for respondent,

Edward H. Wilson and John J. Kean for Guissippina Parascandola, as administratrix with the will annexed of the estate of Joseph Auditore, deceased, amicus curiæ.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.

Cases cited

Susquehanna Steamship Co. v. A. O. Andersen & Co. 239 N. Y. 285 N.Y. 1925-01-21 p. 633