Long Island Railroad v. Structural Concrete Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, second district, borough of Manhattan, dismissing the complaint, rendered after a trial had before the court without a jury.
1Opinion of the CourtGiegerich, J.
The plaintiff, a common carrier, seeks in this action to recover the value of a car-load of cement alleged to have been converted by the defendant.
*168The car-load of cement in question was a part of a quantity purchased by George A. Varney & Co. from the United Building Material Company. The defendant claimed to have purchased the cement from George A. Vamey & Co. and to have paid for it before the plaintiff made any demand for payment.
The car-load in question, with two other car-loads, was shipped from Egypt, Penn., to the “ United Building Material Company Hty (notify) Structural Concrete…
2Cited by3 opinions
- Pennsylvania Railroad v. BrownsteinSuperior Court of Pennsylvania · 1956
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- Southern Pac. Co. v. Bank of AmericaDistrict Court, N.D. Illinois · 1928