Tanbro Fabrics Corp. v. Beaunit Mills, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBreitel, J.
Stripped of procedural details, the question here is whether a buyer of textile goods may obtain a single trial against the seller and the processor of the goods, either by joinder in a single action, or by consolidation of actions, to determine whether the goods are defective, and if so, whether the defect is the consequence of breach by the seller, or the processor, or both of them. Special Term held that such joinder or consolidation is not available. A contrary view is reached here. It is held that the buyer is entitled to have such a common trial, either by joinder in a single action or…
2Cases cited6 opinions
- Ader v. BlauNew York Court of Appeals · 1925
- Chase Nat. Bank of City of New York v. BattatNew York Court of Appeals · 1948
- Great Northern Telegraph Co. v. Yokohama Specie Bank, Ltd.New York Court of Appeals · 1947
- Julius Klugman's Sons, Inc. v. Oceanic Steam Nav. Co.District Court, S.D. New York · 1930
- S. & C. Clothing Co. v. United States Trucking Corp.Appellate Division of the Supreme Court of the State of New York · 1926
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3Cited by1 opinion
- Agosh v. Town of Cicero Board of Assessment ReviewNew York Supreme Court · 1991