Legal Opinion

Berger v. 34th Street Garage, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided November 29, 1948PublishedCited by 10 opinions

1Opinion of the CourtShientag, J.

This is an action brought by the bailors of a truck, loaded with goods, against the bailee, a garage-keeper for damages resulting from the failure of the garage-keeper to redeliver the merchandise on the truck although the truck itself was redelivered.

It is alleged in the complaint that an agreement was made between plaintiffs and defendant whereby the defendant accepted plaintiffs’ automobiles and trucks, and merchandise contained thereon, for storage, and agreed to redeliver the same. The delivery of this specific truck and goods is then alleged. The wrong claimed is that the defendant…

2Cases cited19 opinions

  1. Parish v. . WheelerNew York Court of Appeals · 1860
  2. Foulke v. New York Consolidated RailroadNew York Court of Appeals · 1920
  3. Stillwell v. . StaplesNew York Court of Appeals · 1859
  4. Green v. . ClarkeNew York Court of Appeals · 1855
  5. B. N. Exton & Co. v. Home Fire & Marine InsuranceNew York Court of Appeals · 1928

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3Cited by10 opinions

  1. Leather's Best, Inc., Plaintiff-Appellee-Cross v. S.S. Mormaclynx, Defendants-Appellants-AppelleesCourt of Appeals for the Second Circuit · 1971
  2. Grace v. Sterling, Grace & Co.Appellate Division of the Supreme Court of the State of New York · 1968
  3. New York Marine & General Insurance v. S/S "Ming Prosperity"District Court, S.D. New York · 1996
  4. Berger v. 34th Street Garage, Inc.New York Court of Appeals · 1958
  5. Lanite Sales Co. v. Klevens Corp.New York Supreme Court · 1954

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