Dugundji v. Paico
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Basil Dugundji, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of October, 1919, vacating an order theretofore granted and entered in said clerk’s office on the 21st day of February, 1919, directing the American Express Company to retain in its possession the sum of $40,000 to satisfy any judgment that the plaintiff might recover against the…
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Appeal by the plaintiff, Basil Dugundji, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of October, 1919, vacating an order theretofore granted and entered in said clerk’s office on the 21st day of February, 1919, directing the American Express Company to retain in its possession the sum of $40,000 to satisfy any judgment that the plaintiff might recover against the defendant.
1Opinion of the Court
Smith, J.:
The plaintiff has had certain dealings with the defendant, who was a resident of Athens, Greece, for between five and six years back, and the tobacco here in question was sent by defendant upon plaintiff’s offer. This tobacco was sent over by defendant with bills of lading to the American Express Company, the bills of lading reciting that they were to be held “ account of G. Paico.” When these goods arrived in this country the plaintiff refused to accept them, but brought an action to recover damages against the defendant upon claims connected with prior transactions and also one…
2Cited by2 opinions
- Union Smoked Fish Co. v. Tillamook Bay Fish Co.New York Supreme Court · 1920
- Ratto v. Italia-Flotte Riunite Cosulich-Lloyd Sabaudo-Navigazione GeneraleCity of New York Municipal Court · 1938