Legal Opinion
Triomphe Disc Corp. v. Line
Appellate Division of the Supreme Court of the State of New York
Decided April 21, 1983PublishedCited by 5 opinions
1Opinion of the Court
*229OPINION OF THE COURT
Fein, J.
Plaintiff sues to recover freight overcharges as well as damages for fraud. Plaintiff exported cargo to Chile via defendant’s shipping line from 1974 to 1981. Charges were to be based upon the size of cargo delivered to defendant, as measured and computed by defendant’s rating clerk. In 1981 plaintiff claimed a refund from defendant, asserting it had been overcharged on various shipments since 1974. Defendant, while disputing these allegations, assertedly agreed, as a goodwill gesture, to settle any properly certified claims less than six months old. A check was…
2Cases cited7 opinions
- Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
- Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
- Baird v. . DalyNew York Court of Appeals · 1874
- Stainless Steel & Metal Manufacturing Corp. v. Sacal v. I., Inc.District Court, D. Puerto Rico · 1978
- Holt Marine Terminal, Inc. v. United States LinesDistrict Court, S.D. New York · 1978
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3Cited by5 opinions
- Consolidated Communication Consultant Services, Inc. v. New York State Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1993
- Custom Topsoil, Inc. v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2011
- Connolly v. Rye School DistrictAppellate Division of the Supreme Court of the State of New York · 2006
- CUSTOM TOPSOIL, INC. v. CITY OF BUFFALOAppellate Division of the Supreme Court of the State of New York · 2011
- Port Authority v. American Warehousing of New York, Inc.Civil Court of the City of New York · 2005