Fotokina of Florida, Inc. v. Gold Coast Freightways, Inc.

FERGUSON, Judge.

Fotokina is an importer/exporter; Gold Coast is a common carrier trucking company. Fotokina sold merchandise to Concorde International and contracted with Gold Coast to ship the merchandise, C.O.D., to Concorde at its place of business in New York.

On arrival in New York, Gold Coast’s driver called Concorde, at a telephone number given by Fotokina’s agent, for delivery instructions. The driver was directed to make the delivery to Concorde’s warehouse address which was different from the address shown on the bill of lading. It is undisputed that the delivery was made to Concorde…