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EAZOR EXPRESS v. PERLMUTTER

22 A.D.2d 49 (1964)

Eazor Express, Inc., Appellant, v. Nathan Perlmutter, Doing Business as Perlmutter Building Supply, Respondent, et al.,Defendant Pittsburgh & New England Trucking Co., Appellant, v. Nathan Perlmutter, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 28, 1964.

Attorney(s) appearing for the Case

Samuel Friedman for appellants.

Morris Turetzky for respondent.

GIBSON, P. J., REYNOLDS, TAYLOR and AULISI, JJ., concur.

HERLIHY, J.

The facts are uncontroverted. The defendant-respondent on two occasions ordered steel from Jones & Laughlin Steel Company in the State of Pennsylvania and directed that it be shipped to designated job locations. He further directed that the steel be shipped "collect for freight" and the bill of lading, in each instance, was so marked. For some unexplained reason — not an issue on this appeal — the carrier failed to carry...

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