AETNA CAS. & SUR. CO. v. CAROLINA FREIGHT CARRIERS CORP.


186 A.D.2d 50 (1992)

Aetna Casualty and Surety Company, as Subrogee of B. Jadow & Sons, Inc., Appellant, v. Carolina Freight Carriers Corporation, Respondent

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

September 17, 1992


In this action to recover the value of goods lost in transit, the IAS Court correctly held that plaintiff failed to raise an issue of fact as to the existence of a contractual relationship between defendant and plaintiff's assured, Jadow. The international bill of lading under which the goods were shipped was issued by nonparty Bleckmann International Forwarders and, while it directed Jadow to look to defendant for delivery, defendant did not issue a bill of lading of its...

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