SILVER LINING, INC. v. SHEIN


37 N.J. Super. 206 (1955)

117 A.2d 182

SILVER LINING, INC., A NEW YORK CORPORATION, PLAINTIFF-RESPONDENT, v. BENJAMIN P. SHEIN, ET ALS., INDIVIDUALLY AND DOING BUSINESS AS SHEIN'S EXPRESS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 6, 1955.


Attorney(s) appearing for the Case

Mr. Nathan N. Schildkraut argued the cause for defendants-appellants (Messrs. Kahn & Schildkraut, attorneys).

Mr. George Winne argued the cause for plaintiff-respondent.

Before Judges GOLDMANN, FREUND and CONFORD.


The opinion of the court was delivered by CONFORD, J.A.D.

Plaintiff brought this action to recover for damages to a shipment of piece goods transported by defendants, a common carrier by motor express, from Yardley, Pa. to New York City over the 1952 Labor Day week-end. The primary issue mooted at the trial in the Law Division was the condition of the goods at the point of pick-up by the carrier, there having been a clear preponderance of the proofs that much of it...

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