New York Central Railroad v. Niagara Fruit Industries, Inc.

Order affirmed, with $10 costs and disbursements, with leave to the defendant to amend the counterclaim set forth in paragraph Nineteenth of the answer, if so advised, within ten days after service of a copy of the order herein. Memorandum: The order insofar as it strikes out paragraphs Fourth through Tenth of defendant’s answer as insufficient in law should be affirmed. Defendant having admitted receipt of the interstate shipments set forth in the complaint, became liable for any demurrage charges arising on those shipments, and the plaintiff carrier can neither be estopped from collecting…