Legal Opinion

A. F. D., Inc. v. Barry Oil Co.

City of New York Municipal Court

Decided October 22, 1945Published

1Opinion of the CourtSkerritt, J.

This action was brought by plaintiff, a common carrier engaged in hauling freight, against defendant, consignee of a shipment of lubricating oil under a straight bill of lading, to recover freight charges in the amount of $56.70.

On August 20, 1942, the consignor, Refiners Associated, Inc., shipped the oil by plaintiff carrier from New York City to defendant in Syracuse. It appears that defendant received and accepted the shipment and promptly paid the shipper, pursuant to a contract of sale which provided for delivery f. o. b. in Syracuse. It is conceded that plaintiff had no knowledge. or…

2Cases cited10 opinions

  1. New York Central Railroad v. Warren Ross Lumber Co.New York Court of Appeals · 1922
  2. Pennsylvania R.R. Co. v. . TitusNew York Court of Appeals · 1915
  3. Western & Atlantic R. v. UnderwoodDistrict Court, N.D. Georgia · 1922
  4. Great Northern Ry. Co. v. HyderDistrict Court, W.D. Washington · 1922
  5. New York Central Railroad v. Federal Sugar Refining Co.New York Court of Appeals · 1923

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