R. L. Rothstein Corp. v. Kerr Steamship Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBreitel, J.
Plaintiff Rothstein, holder of a mate’s receipt for a quantity of tallow, appeals from so much of an order as denied its motion for partial summary judgment, pursuant to CPLR 3212. It sued, among others, respondent Kerr, the carrier’s general agent, for conversion because it issued an ocean *465bill of lading for the tallow to another in violation of the terms of the receipt.
The issue is whether a condition in the mate’s receipt bound the carrier and its agent, Kerr. The condition stipulated that no bill of lading would be issued by the carrier or its agent unless the mate’s receipt was first…
2Cases cited9 opinions
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- Shippee v. Pallotti, Andretta Co., Inc.Supreme Court of Connecticut · 1933
- Brower v. . PeabodyNew York Court of Appeals · 1855
- Suzuki v. SmallNew York Court of Appeals · 1926
- Danzas, Ltd. v. National Bank of AlaskaDistrict Court, D. Alaska · 1963
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- Buckeye Cellulose Corp. v. Atlantic Mutual InsuranceDistrict Court, S.D. New York · 1986
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