Legal Opinion
La Casse v. Blaustein
Civil Court of the City of New York
Decided March 20, 1978PublishedCited by 2 opinions
1Opinion of the Court
*573OPINION OF THE COURT
Burton S. Sherman, J.
In this nonjury action, the plaintiff buyer seeks damages from the seller for loss of a shipment in transit. The issue is whether under the law of sales the buyer or the seller shall bear the risk and suffer the loss.
Section 2-509 of the Uniform Commercial Code states:
"(1) Where the contract requires or authorizes the seller to ship the goods by carrier
"(a) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier * * *
"(b) if it does require him to…
2Cases cited3 opinions
- Miller v. . HarveyNew York Court of Appeals · 1917
- Dana Debs, Inc. v. Lady Rose Stores, Inc.Civil Court of the City of New York · 1970
- Lopez v. Henry Isaacs, Inc.Appellate Division of the Supreme Court of the State of New York · 1924
3Cited by2 opinions
- Wilson v. Brawn of California, Inc.California Court of Appeal · 2005
- Cook Specialty Co. v. SchrlockDistrict Court, E.D. Pennsylvania · 1991