Appellate Division of the Supreme Court of New York, 1951

Fleet Wing Corp. v. Oil Transfer Corp.

Fleet Wing Corp. v. Oil Transfer Corp.
Appellate Division of the Supreme Court of New York · Decided March 20, 1951
278 A.D. 745; 103 N.Y.S.2d 332; 1951 N.Y. App. Div. LEXIS 4568
Fleet Wing Corp. v. Oil Transfer Corp.

Opinion of the Court

Judgment affirmed, with costs. Memorandum: We construe the charter agreement between the Oil Transfer Corporation and the Sears Navigation Company, Inc., as a demise charter. (See United States v. Shea, 152 U. S. 178; Hust v. Moore-McGormack Lines, 328 U. S. 707, and Muscelli v. Frederick Starr Contr. Co., 296 N. Y. 330, 334.) All concur. (Appeal from a judgment dismissing the complaint as to defendant Sears Navigation Co., in an action for damages for claimed negligence by owner of a barge.) Present — Taylor, P. J., McCurn, Vaughan, Piper and Wheeler, JJ. [See post, p. 1022.]

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