Legal Opinion
Leland Wine & Liquor Store, Inc. v. Midtown Warehouse, Inc.
New York Supreme Court
Decided April 16, 1943PublishedCited by 3 opinions
1Opinion of the CourtMcLaughlin, J.
This is an action brought by plaintiff, the owner of 190 cases of Wilson Whiskey, which were stored with defendant Midtown Warehouse, Inc., a warehouseman in the building owned and controlled by the defendant Pioneer Beal Estate Co,, Inc. The first cause of action is against both defendants. The owner of the building (Pioneer) seeks to dismiss the complaint as to it on the ground that the plaintiff can have no valid claim against it because it is not the warehouseman and therefore owed no duty to the plaintiff, either on the theory of tort or contract. One of the theories upon which the…
2Cases cited3 opinions
- Baird v. . DalyNew York Court of Appeals · 1874
- Polack v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1906
- Mitchell v. Vande, New York County Courts1936
3Cited by3 opinions
- Leather's Best, Inc., Plaintiff-Appellee-Cross v. S.S. Mormaclynx, Defendants-Appellants-AppelleesCourt of Appeals for the Second Circuit · 1971
- Berger v. 34th Street Garage, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
- Leather's Best, Inc., Plaintiff-Appellee-Cross v. S.S. Mormaclynx, Defendants-Appellants-AppelleesCourt of Appeals for the Second Circuit · 1971