BIANCHI v. SEARS ROEBUCK & CO.


203 Misc. 893 (1952)

Eugene A. Bianchi, Formerly Doing Business under the Name of Federal Transportation Lines, Plaintiff, v. Sears Roebuck and Co., Defendant.

Supreme Court, Special Term, Monroe County.

November 3, 1952.


Attorney(s) appearing for the Case

Samuel Levy and David N. Levy for plaintiff.

William C. Combs for defendant.


J. C. O'BRIEN, J.

For a period beginning January 17, 1947, and ending July 12, 1949, plaintiff picked up items of merchandise from defendant's warehouse and delivered them to branch stores of defendant located in other cities in New York State. For the pickup and delivery of each of these items plaintiff billed and was paid by the consignee at the times delivery was made. Plaintiff now claims, however, that he...

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