Hanna v. Pitt & Scott (Ltd.)
Appellate Division of the Supreme Court of the State of New York
Adpeal by the defendant, Pitt & Scott (Limited), from a judg-. ment of .the Municipal Court of the city of New York, borough'of Brooklyn, in' favor of the plaintiff, overruling the defendant’s demurrer to the complaint, made upon the ground that the complaint failed to state facts sufficient to constitute a cause of action.
1Opinion of the Court
Hooker, J.:
The complaint alleges that the defendant, a corporation, delivered to the plaintiff’s assignors, the Oceanic Steam Navigation Company, at New York city, a piece of machinery for transportation to Liverpool, England, and reshipmerit thence to Oporto, Portugal, and represented at the time of such shipment that the said piece of machinery, together with the timber in which it was packed, -did not weigh more than 9,000 pounds, whereas the true weight was more than 19,000 pounds, and that the defendant in making said false representation acted negligently and carelessly; that, relying…
2Cases cited3 opinions
- Standard Oil Co. v. TierneyCourt of Appeals of Kentucky · 1891
- Boston & Albany Railroad v. ShanlyMassachusetts Supreme Judicial Court · 1871
- Pierce v. WinsorU.S. Circuit Court for the District of Massachusetts · 1861
3Cited by2 opinions
- Senator Linie Gmbh & Co. Kg v. Sunway Line, Inc.Court of Appeals for the Second Circuit · 2002
- Senator Linie GMBH & Co. KG v. Sunway Line, Inc.Court of Appeals for the Second Circuit · 2002