Legal Opinion
Cincis v. Seaboard Air Line Railway
Appellate Terms of the Supreme Court of New York
Decided March 20, 1952PublishedCited by 4 opinions
1Opinion of the CourtHoestadteb, J.
The action is brought by a resident assignee for damage to a lot of tomatoes delivered to the defendant as initial carrier at Palmetto, Florida, for shipment to Montreal, Canada. Though the complaint does not reveal the identity of the plaintiff’s assignor, the consignee, it appears from the papers that the assignor is a resident of Montreal. The ground of dismissal is that the maintenance of the action here would be an undue burden on interstate commerce.
Since the court’s jurisdiction is not aided by assignment of the claim to a resident assignee (Miele v. Chicago, Milwaukee, St. P. & P. R.…
2Cases cited10 opinions
- Davis v. Farmers Co-Operative Equity Co.Supreme Court of the United States · 1923
- International Milling Co. v. Columbia Transportation Co.Supreme Court of the United States · 1934
- Moss v. Atlantic Coast Line R. Co.Court of Appeals for the Second Circuit · 1946
- Jensen v. United Air Lines Transport Corp.Appellate Division of the Supreme Court of the State of New York · 1938
- Wadell v. Green Textile Associates, Inc.District Court, D. Massachusetts · 1950
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Farrell v. Piedmont Aviation, Inc.Court of Appeals for the Second Circuit · 1969
- Farrell v. Piedmont Aviation, Inc.Court of Appeals for the Second Circuit · 1969
- Ceravit Corp. v. Black Diamond Steamship Corp.New York Supreme Court · 1965
- Ceravit Corp. AG v. Black Diamond Steamship Corp.Civil Court of the City of New York · 1964