Fox River Butter Co. v. Lightning Motor Line, Inc.

Levy, J.:

These are cross-appeals from a judgment dismissing complaint on the merits as to one cause of action and permitting the plaintiff to prevail as to the other. On December 12, 1922, the plaintiff, a butter dealer in New York, directed the defendant, engaged in the business of long-distance motor trucking, to ship to William Evans of 4922 Fairmount avenue, Philadelphia, six tubs of butter. The next day a certain person calling himself William Evans telephoned to the defendant in Philadelphia at its terminal inquiring whether the shipment had arrived and stating that he would personally…