Legal Opinion
J. M. Rodriquez & Co. v. Moore-McCormack Lines, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 2, 1972Published
1Opinion of the CourtMurphy, J.
The sole issue involved on this submission of controversy pursuant to CPLR 3222 is the correct measure of damages to be applied in connection with plaintiff’s conceded loss.
Plaintiff is the bona fide purchaser of a clean “ on board ” bill of lading for 200 sacks of cloves received by defendant, a common carrier, for shipment to plaintiff at New York.
Defendant’s vessel, the S.S. Mormacpenn, which received the goods on October 30, 1968, docked at New York on or about December 20,1968, but was unable to discharge any of its cargo because of an east-coast longshoremen’s strike. The strike ended…
2Cases cited6 opinions
- The Ansaldo San Giorgio I v. Rheinstrom Brothers Co.Supreme Court of the United States · 1935
- Interstate Steel Corporation v. SS" Crystal Gem"District Court, S.D. New York · 1970
- The TitaniaCourt of Appeals for the Second Circuit · 1904
- Goltzman v. RougeotDistrict Court, W.D. Louisiana · 1954
- Otis McAllister & Co., a Corporation v. Skibs, A/s Marie BakkeCourt of Appeals for the Ninth Circuit · 1958
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