D. & S. CHEM. CORP. v. N. V. NEDERLANDSCH


8 Misc.2d 1003 (1957)

D. & S. Chemical Corporation, Appellant-Respondent, v. N. V. Nederlandsch Amerikaansche Stoomvaart Maatschappij, Respondent-Appellant.

Supreme Court, Appellate Term, First Department.

February 14, 1957.


Attorney(s) appearing for the Case

Albert T. Scharps for appellant-respondent.

Richard W. Palmer and Gerard Harrington, Jr., for respondent-appellant.

HECHT, AURELIO and TILZER, JJ., concur.


Per Curiam.

The decision of the trial court in respect of the claims of the opposing parties is amply supported by the record with the exception of the finding in favor of plaintiff on its second cause of action, which is based upon a claim of discoloration and contamination of the material.

Plaintiff failed to prove that the damage, first discovered in Wisconsin, occurred while its goods were in defendant...

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