Yatter v. Mathies

Plaintiff, suing under section 213 of the Civil Practice Act, asks judgment against whichever of the defendants is hable. Plaintiff’s intestate, as shipper-consignee, packed bristles in ten casks and delivered them to a shipowner in Riga, Latvia. His investigation after suit brought showed that the original carrier is not liable. He named that carrier (Mathies & Co., a partnership) in the title, but did not serve them. For some unexplained reason he named an insurance company in the title, although its liability seems independent of that of the other parties. He did not serve it. The proof…