Legal Opinion
Chunky Corporation v. Blumenthal Bros. Chocolate Co.
District Court, S.D. New York
Decided March 28, 1969No. 67 Civ. 1365PublishedCited by 10 opinions
1Opinion of the Court
MANSFIELD, District Judge.
This is a motion to dismiss a third-party complaint filed with the leave of the Court in this diversity suit for damages allegedly resulting from a shipment of chocolate by defendant Blumenthal Bros. Chocolate Company (“Blumenthal”) from its plant in Philadelphia, Pennsylvania, to plaintiff, The Chunky Corporation’s (“Chunky”) candy factory in Brooklyn, New York. Chunky claims that as a result of an alleged impurity in the chocolate in the form of bacteria known as salmonellae, it was compelled to destroy a large amount of candy manufactured by it from the chocolate,…
2Cases cited9 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Hanson v. DencklaSupreme Court of the United States · 1958
- Gray v. American Radiator & Standard Sanitary Corp.Illinois Supreme Court · 1961
- Longines-Wittnauer Watch Co. v. Barnes & Reinecke, Inc.New York Court of Appeals · 1965
- Frummer v. Hilton Hotels International, Inc.New York Court of Appeals · 1967
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ronar, Inc. v. WallaceDistrict Court, S.D. New York · 1986
- Glenn Earl Coulter and Wife, Eldera Coulter v. Sears, Roebuck and Co., and Third-Party v. Warwick Electronics, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1970
- Trafalgar Capital Corp. v. Oil Producers Equipment Corp.District Court, S.D. New York · 1983
- Allen v. Canadian General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1978
- UTC Fire & Security Americas Corp. v. NCS Power, Inc.District Court, S.D. New York · 2012
5 more not listed; retrieve them via the Exa API.