Thermoid Rubber Co. v. Baird Rubber & Trading Co.

Proskauer, J.:

Plaintiff failed to receive a consignment of rubber bought from defendant Baird Rubber Company and claimed by it to have been delivered to plaintiff’s truckmen, defendants Smolens and Simpson, and by them in turn claimed to have been delivered to the Pennsylvania Railroad Company.

The complaint sets forth the claims of the respective defendants and the failure of plaintiff to receive its rubber and seeks redress under section 213 of the Civil Practice Act, which provides that where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may join two or…