Legal Opinion

Mayflower Dairy Products, Inc. v. Fidelity-Phenix Fire Insurance

Appellate Terms of the Supreme Court of New York

Decided December 20, 1938PublishedCited by 11 opinions

1Per curiam

Transportation or in transit as applied to a seller making its own deliveries to customers means the movement of the loaded conveyance carrying the goods from the starting point or seller’s premises to the point of destination or place of delivery to the buyer or customer. While there may be some reasonable deviation, such as temporary stops, incidental to the process of delivery or necessary for those engaged in same, or even the return of undelivered goods, transportation or in transit implies the continuous action of moving the goods from the one point and putting them down in another. In…

2Cited by11 opinions

  1. Ben Pulitzer Creations, Inc. v. Phoenix InsuranceCivil Court of the City of New York · 1965
  2. Kessler Export Corp. v. Reliance Insurance Co. of Philadelphia, Penn.District Court, E.D. New York · 1962
  3. Boonton Handbag Co. v. Home Ins. Co.New Jersey Superior Court Appellate Division · 1973
  4. Franklin v. Washington General InsuranceNew York Supreme Court · 1970
  5. Simons v. Niagara Fire Insurance CompanyCourt of Appeals of Texas · 1966

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