DANTZIG v. UNIV. CARLOADING


17 Misc.2d 928 (1959)

Arthur Dantzig et al., Doing Business as D'Arlan Jewelry Co., Plaintiff, v. Universal Carloading & Distributing Co., Inc., Defendant. Universal Carloading & Distributing Co., Inc., Defendant and Third-Party Plaintiff, v. New York Central Railroad Company, Third-Party Defendant.

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

March 2, 1959.


Attorney(s) appearing for the Case

Greenhill & Greenhill (John M. Speyer of counsel), for plaintiff.

Ralph J. Leibenderfer and Herbert J. A. Runsdorf for defendant and third-party plaintiff.

Gerald E. Dwyer and Leo F. Battiglia for third-party defendant.


CHARLES S. WHITMAN, JR., J.

The plaintiff shipped by freight, a carton containing 32 dozen pairs of earrings of a wholesale value of $285, and 4 dozen pairs of cufflinks of a wholesale value of $27. The carton was delivered to a freight forwarder who in turn delivered it to the railroad. The carton was never delivered to the consignee. The freight forwarder and the railroad will be described collectively as...

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