Legal Opinion
Utica Mutual Insurance v. Port Cargo Motor Lines, Inc.
District Court, S.D. New York
Decided September 28, 1979No. 78 Civ. 2961 (RWS)PublishedCited by 1 opinion
1Opinion of the Court
OPINION
SWEET, District Judge.
In this action for summary judgment brought pursuant to Fed.R.Civ.P. 56, plaintiff, a New York corporation, seeks to recover the value of certain shipments which were given to defendant, a New Jersey corporation, for delivery to various consignees. Jurisdiction is based on diversity of citizenship.
The following facts are not in dispute. Plaintiff’s insured, M & M Transportation Company (M & M), is a common carrier authorized by the Interstate Commerce Commission to transport commodities in interstate commerce. On October 27,1976, M & M delivered to defendant Port…
2Cases cited21 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Auten v. AutenNew York Court of Appeals · 1954
- Weston Funding Corporation v. Lafayette Towers, Inc. And George C. PeckCourt of Appeals for the Second Circuit · 1977
- Jackson Architectural Iron Works v. HurlbutNew York Court of Appeals · 1899
- D'Utassy v. . BarrettNew York Court of Appeals · 1916
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3Cited by1 opinion
- Shapiro v. D. H. Overmyer Co. (In Re D. H. Overmyer Co.)United States Bankruptcy Court, S.D. New York · 1981