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KUEHNE & NAGEL v. BAIDEN

44 A.D.2d 296 (1974)

Kuehne & Nagel, Inc., Respondent-Appellant, v. F. W. Baiden and All Other Underwriters at Lloyd's Subscribing Policy of Insurance 655/Ma44619, Appellants-Respondents

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

April 25, 1974.

Attorney(s) appearing for the Case

William Warner of counsel (Symmers, Fish & Warner, attorneys), for appellants-respondents.

Nicholas J. Healy, Jr., of counsel (Healy & Baillie, attorneys), for respondent-appellant.

NUNEZ, J. P., KUPFERMAN, MURPHY and TILZER, JJ., concur.

STEUER, J.

Plaintiff is the assignee of the charterer of the motorship Valhall. (Hereinafter plaintiff's assignor will be referred to as plaintiff.) Plaintiff chartered this vessel on April 16, 1970, for a voyage from Gdynia, Poland, to Santa Marta, Colombia. The purpose of the voyage was to transport 300 jeeps consigned to Caribe, the purchaser of the jeeps. Most of the jeeps were stowed in the hold but...

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