TRIOMPHE v. CHILEAN LINE


93 A.D.2d 228 (1983)

Triomphe Disc Corporation, Appellant-Respondent, v. Chilean Line, Respondent-Appellant

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

April 21, 1983


Attorney(s) appearing for the Case

Ann P. Wyllie of counsel (Hill, Rivkins, Carey, Loesberg, O'Brien & Mulroy, attorneys), for appellant-respondent.

Walter H. Lion of counsel (Elmer C. Maddy with him on the brief; Kirlin, Campbell & Keating, attorneys), for respondent-appellant.

ROSS, J. P., ASCH, BLOOM and LYNCH, JJ., concur.


FEIN, J.

Plaintiff sues to recover freight overcharges as well as damages for fraud. Plaintiff exported cargo to Chile via defendant's shipping line from 1974 to 1981. Charges were to be based upon the size of cargo delivered to defendant, as measured and computed by defendant's rating clerk. In 1981 plaintiff claimed a refund from defendant, asserting it had been overcharged on various shipments since 1974....

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