Dorff v. Taya
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles P. Dorff, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of May, 1920, in so far as said order overrules the plaintiff’s demurrers to the first and third defenses in the answer.
1Opinion of the Court
Page, J.:
The action was to recover from the carrier prepaid freight. The complaint alleges the shipment of 500 bales of cotton from Wilmington, N. C., to Genoa, Italy, and the prepayment of freight charges" amounting to $22,116.96 by the steamship Guadalquiver, pursuant to a bill of lading issued by the master of said vessel, a copy of which is annexed to the complaint and made a part thereof; that the Guadalquiver was. sunk at sea by an enemy submarine and the 500 bales of cotton were wholly lost; that the agreement to'transport the said merchandise was not carried out and the cotton was not…
2Cases cited3 opinions
- International Paper Co. v. the Schooner "Gracie D. Chambers"Supreme Court of the United States · 1919
- Germania Fire Insurance v. Memphis & Charlestown RailroadNew York Court of Appeals · 1878
- Miller v. . BrenhamNew York Court of Appeals · 1877
3Cited by14 opinions
- Oil & Gas Ventures-First 1958 Fund, Ltd. v. KungDistrict Court, S.D. New York · 1966
- Hurlbut v. ChristianoAppellate Division of the Supreme Court of the State of New York · 1978
- Jones v. Cunard Steam Ship Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Federal Deposit Ins. Corp. v. PetersenDistrict Court, D. Colorado · 1983
- Sims v. Union News Co.Appellate Division of the Supreme Court of the State of New York · 1954
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