Legal Opinion
Mitsui & Company (Usa) Incorporated, Geismar & Company Incorporated, Plaintiff-Intervenor-Appellant v. Hudson Tank Terminals Corporation
Court of Appeals for the Second Circuit
Decided May 7, 1986No. 529, Docket 85-7588PublishedCited by 9 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
This appeal deals with rights of action against a bailee under Uniform Commercial Code (U.C.C.) § 2-722 (1978). Goods held by a bailee were damaged through its negligence, causing injury both to the seller and buyer of the goods. The seller settled its damage claim against the bailee. The novel question presented is whether U.C.C. § 2-722 now precludes recovery by the buyer for its damages against the bailee. The district court concluded that the buyer lacked standing to sue. While in our view the buyer — as well as the seller — has a right of action to sue, the…
2Cases cited10 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- People Express Airlines, Inc. v. Consolidated Rail Corp.Supreme Court of New Jersey · 1985
- Procter & Gamble Distributing Co. v. Lawrence American Field Warehousing Corp.New York Court of Appeals · 1965
- Smith v. New York Central Rail RoadNew York Supreme Court · 1864
- Lawrence R. McCoy Co., Inc. v. SS" THEOMITOR III"New Jersey Superior Court Appellate Division · 1975
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cargill, Inc. v. Boag Cold Storage Warehouse, Inc.Court of Appeals for the Sixth Circuit · 1996
- Beehn v. EppardAppellate Court of Illinois · 2001
- Hold-Trade International, Inc. v. Adams Bank & Trust (In re Quality Processing, Inc.)Court of Appeals for the Eighth Circuit · 1993
- Mineo v. Transportation Management of Tennessee, Inc.District Court, M.D. Tennessee · 1988
- Fisher v. FisherCourt of Appeals of Utah · 2009
4 more not listed; retrieve them via the Exa API.