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Oceanic Steam Nav. v. Campania Transatlantica Espanola

Court of Appeals of the State of New York
Jan 15, 1895
144 N.Y. 663 (N.Y. 1895)

Summary

In Oceanic Steam Navigation Co. v. Compania Transatlantica Espanola, 144 N.Y. 663, 665, the rule is thus stated: "It is sufficient that the party against whom ultimate liability is claimed is fully and fairly informed of the claim, and that the action is pending, with full opportunity to defend or to participate in the defence.

Summary of this case from Washington Gas Co. v. Dist. of Columbia

Opinion

Argued December 17, 1894

Decided January 15, 1895

Cephas Brainerd for appellant.

Everett P. Wheeler for respondent.



O'BRIEN, J., reads for affirmance; GRAY, J., concurs; ANDREWS, Ch. J., and PECKHAM, J., concur in result; BARTLETT, J., reads for reversal; FINCH, J., concurs; HAIGHT, J., not sitting.

Judgment affirmed.


Summaries of

Oceanic Steam Nav. v. Campania Transatlantica Espanola

Court of Appeals of the State of New York
Jan 15, 1895
144 N.Y. 663 (N.Y. 1895)

In Oceanic Steam Navigation Co. v. Compania Transatlantica Espanola, 144 N.Y. 663, 665, the rule is thus stated: "It is sufficient that the party against whom ultimate liability is claimed is fully and fairly informed of the claim, and that the action is pending, with full opportunity to defend or to participate in the defence.

Summary of this case from Washington Gas Co. v. Dist. of Columbia

In Oceanic Steam Nav. Co. v. Compania Transatlantica Espanola, supra, a defective dock was furnished by the defendant to the plaintiff on account of which the plaintiff had to respond in damages to a third person.

Summary of this case from Cohen v. Noel

In Oceanic Steam Nav. Co. v. Compania Transatlantica Espanola, 144 N.Y. 663, the rule is thus stated: "It is sufficient that the party against whom ultimate liability is claimed is fully and fairly informed of the claim, and that the action is pending, with full opportunity to defend or to participate in the defense. If he then neglects or refuses to make any defense he may have, the judgment will bind him in the same way and to the same extent as if he had been made a party to the record."

Summary of this case from Paper Products Co. v. Life Ins. Co.
Case details for

Oceanic Steam Nav. v. Campania Transatlantica Espanola

Case Details

Full title:THE OCEANIC STEAM NAVIGATION COMPANY (Limited), Respondent, v . CAMPANIA…

Court:Court of Appeals of the State of New York

Date published: Jan 15, 1895

Citations

144 N.Y. 663 (N.Y. 1895)
39 N.E. 360

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