Legal Opinion

Brookhouse v. Cunard White Star Ltd.

City of New York Municipal Court

Decided March 29, 1948PublishedCited by 1 opinion

1Opinion of the CourtSchimmel, J.

The defendants have moved, each separately, under rule 106 of the Buies of Civil Practice to dismiss the action upon the ground that it constitutes an unreasonable burden on foreign commerce. The case involves a claim for damages arising out of a shipment of goods from Halifax, Nova Scotia, to Avonmouth, England, with which both defendants were concerned. The contracts^ of carriage or transportation did not originate within this State and the merchandise did not come within the jurisdiction. The plaintiff, a resident of New York, is the assignee "of the original owners of the claims; the…

2Cases cited2 opinions

  1. Denver & Rio Grande Western Railroad v. TerteSupreme Court of the United States · 1932
  2. Miele v. Chicago, Milwaukee, St. Paul & Pacific RailroadCity of New York Municipal Court · 1934

3Cited by1 opinion

  1. Atlantic Mutual Insurance v. N. V. Stoomvaart MaatschappijCity of New York Municipal Court · 1955

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