Legal Opinion · Dissent

Kalfus v. Anderson

Appellate Terms of the Supreme Court of New York

Decided November 30, 1945Published

1DissentEder, J.

The complaint and bill of particulars allege that the plaintiffs sue to recover damages for breach of contract. ■ The contract in suit was entered into in the State of Florida for the transportation and delivery of merchandise by the Seaboard Air Line Railway to plaintiffs’ consignees in the States of Alabama and Georgia. The breach occurred and the cause of action arose in one of the said States.

The Seaboard Air Line Railway is a public carrier engaged in interstate commerce; the defendants are sued as receivers of the railway appointed by a Federal court.

It is averred by the defendants that…

2Cases cited12 opinions

  1. Levering & Garrigues Co. v. MorrinSupreme Court of the United States · 1933
  2. Freeman v. Bee MacHine Co., IncSupreme Court of the United States · 1943
  3. Davis v. Farmers Co-Operative Equity Co.Supreme Court of the United States · 1923
  4. People Ex Rel. Battista v. ChristianNew York Court of Appeals · 1928
  5. Atchison, Topeka & Santa Fe Railway Co v. WellsSupreme Court of the United States · 1924

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