Hines v. National Gum & Mica Co.

Proskauer, J.:

Plaintiff appeals from an order under the Civil Practice Act, section 193, bringing in Gerhard & Hey, Inc., as a party defendant.

The action is based upon a written agreement to pay a stipulated sum as freight on merchandise from San Francisco to Japan. It appears from the pleadings that the merchandise was originally shipped by the defendant through Gerhard & Hey, Inc., as forwarding agents; that on arrival in San Francisco its further shipment was stopped by an order of the War Trade Board treating Gerhard & Hey, Inc., as an alien enemy; that after a substantial interval of…