Brucato v. Sciortino
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Frank A. Brucato against Peter Sciortino. From an order denying defendant’s motion to vacate an order for his examination before trial, he appeals. Order modified and affirmed.
1Opinion of the CourtBijur, J.
[1] This action is brought to recover damages arising out of the loss at sea of a shipment of lemons, which plaintiff alleges defendant had agreed to insure “against al-1 loss,” and which plaintiff’s assignor had agreed to consign to defendant’s agents. Plaintiff alleges that the goods were so consigned, but that defendant had failed to insure them against loss at sea. Defendant specifically denies that he agreed to insure said shipment against all loss, and that the bills of lading were to be made out to the order of his agents.
It is difficult to understand how in this condition of the…
2Cases cited1 opinion
- Kornbluth v. IsaacsAppellate Division of the Supreme Court of the State of New York · 1912