SILVER LINING, INC. v. SHEIN


34 N.J. Super. 384 (1955)

112 A.2d 315

SILVER LINING, INC., A NEW YORK CORPORATION, PLAINTIFF, v. BENJAMIN P. SHEIN, ET AL., DEFENDANTS.

Superior Court of New Jersey, Mercer County Court, Law Division.

Decided March 7, 1955.


Attorney(s) appearing for the Case

Mr. Morris Halpern, attorney for the plaintiff.

Messrs. Kahn & Schildkraut (Mr. Nathan Schildkraut, appearing), attorneys for the defendants.


BENNETT, J.C.C.

Plaintiff, consignee-shipper, sues defendants, common carrier, in two counts for damages to merchandise transported by defendants, the first being framed in contract on the bill of lading issued with no exceptions noted, and the second being cast in appropriate allegations of negligence. Defendants responded with a general denial and, inter alia, with a separate defense to the effect that the goods were delivered in the same condition as received...

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