Legal Opinion
Ceravit Corp. AG v. Black Diamond Steamship Corp.
Civil Court of the City of New York
Decided November 25, 1964Published
1Opinion of the CourtLouis I. Kaplan, J.
This is a motion by the defendant Black Diamond Steamship Corporation to dismiss the complaint on the grounds that the court does not have jurisdiction of the subject matter.
Plaintiff brings this action in the amount of $5,000 for freezing damage to a shipment of 80 drums of detergents, contracted for and shipped from Philadelphia, Pennsylvania, to Solothurn, Switzerland, by way of Botterdam, Holland.
It is undisputed that plaintiff is a nonresident foreign corporation whose office and place of business is in Solothurn, Switzerland.
Defendant Black Diamond Steamship Corporation asserts that it…
2Cases cited6 opinions
- Davis v. Farmers Co-Operative Equity Co.Supreme Court of the United States · 1923
- Guerin Mills, Inc. v. BarrettNew York Court of Appeals · 1930
- Ball v. Canadian Pacific Steamships, Ltd.New York Court of Appeals · 1938
- N. V. Brood en Beschuitfabriek V/H John Simons v. Aluminum Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1931
- Cincis v. Seaboard Air Line RailwayAppellate Terms of the Supreme Court of New York · 1952
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