KERR S.S. CO., INC. v. SCHENKERS INT'L FORWARDERS, INC.


26 A.D.2d 817 (1966)

Kerr Steamship Co., Inc., Plaintiff, v. Schenkers International Forwarders, Inc., Defendant, and Western Vegetable Oils Company, Inc., Defendant-Appellant and Third-Party Plaintiff-Appellant. Leif Hoegh & Co., A/S, Third-Party Defendant-Respondent

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

October 27, 1966


Judgment dismissing the third-party complaint unanimously affirmed, with $50 costs and disbursements to the third-party defendant.

Western Vegetable Oils Company, Inc. sustained its damage when it paid out its moneys to Allied Crude Vegetable Oil Refining Corp., and therefore any misconduct by Leif Hoegh & Co., A/S was not the proximate cause of any loss to Western. Consequently the court does not have to reach the other issues...

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