O'Donnell v. Marine Transit Corp.

Appellate Division of the Supreme Court of New York

O'Donnell v. Marine Transit Corp.

232 A.D. 700

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 1931

StatusPublished

This text of 232 A.D. 700 (O'Donnell v. Marine Transit Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Donnell v. Marine Transit Corp., 232 A.D. 700 (N.Y. Ct. App. 1931).

Pincite

Opinion

Order granting plaintiffs’ motion to strike out the sixth separate defense in answer of defendant Globe and Rutgers Fire Insurance Company affirmed, with ten dollars costs and disbursements. Assuming that the Admiralty Court could have determined plaintiffs’ claim 'of appellant’s liability under the policy in question, if an issue thereon were properly tendered, and made a binding decree, we are unable to find any allegation that any such issue was tendered in the admiralty proceedings or that any such determination was made. Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ., concur.

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Order granting plaintiffs’ motion to strike out the sixth separate defense in answer of defendant Globe and Rutgers Fire Insurance Company affirmed, with ten dollars costs and disbursements. Assuming that the Admiralty Court could have determined plaintiffs’ claim 'of appellant’s liability under the policy in question, if an issue thereon were properly tendered, and made a binding decree, we are unable to find any allegation that any such issue was tendered in the admiralty proceedings or that any such determination was made. Lazansky, P. J., Young, Kapper, Hagarty and Tompkins, JJ., concur.

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Bluebook (online)

232 A.D. 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odonnell-v-marine-transit-corp-nyappdiv-1931.