WALD-GREEN FOOD CORP. v. ACME FAST FRGT.


200 Misc. 679 (1951)

Wald-Green Food Corporation, Plaintiff, v. Acme Fast Freight, Inc., Defendant.

Municipal Court of the City of New York, Borough of Brooklyn.

April 2, 1951.


Attorney(s) appearing for the Case

Goetz & Goetz for plaintiff.

Clark, Carr & Ellis for defendant.


FEIDEN, J.

Plaintiff is a distributor of food products. On January 17, 1947, it delivered to defendant, concededly a freight forwarder, 100 cartons of 35-pound cans of imitation raspberry flavor fruit filling for shipment to Poinsetta Cake Co., Tampa, Florida, for the sales price of $525. This filling was manufactured within a few days prior to shipment and was packed in airtight metal cans, each can being placed...

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