Legal Opinion
Howard v. Finnegans Warehouse Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 24, 1970PublishedCited by 7 opinions
1Opinion of the CourtSweeney, J.
Appeal from an order of the Supreme Court at 'Special Term, entered July 7, 1969 in Ulster County, which denied a motion by plaintiffs to dismiss an affirmative defense. Plaintiffs seek recovery for damage to personal property caused by fire while it was being transported in defendant carrier’s moving van. It has been stipulated that defendant La Forge was acting on behalf of the corporate defendant as its employee at all times mentioned in the complaint. Defendants’ answer contains an affirmative defense alleging that pursuant to an agreement contained in the bill of lading defendant’s…
2Cases cited2 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Robert C. Herd & Co. v. Krawill MacHinery Corp.Supreme Court of the United States · 1959
3Cited by7 opinions
- Leather's Best, Inc., Plaintiff-Appellee-Cross v. S.S. Mormaclynx, Defendants-Appellants-AppelleesCourt of Appeals for the Second Circuit · 1971
- Rupp v. International Terminal Operating Co.Court of Appeals for the Second Circuit · 1973
- Leather's Best, Inc. v. Tidewater Terminal, Inc.District Court, E.D. New York · 1972
- Alois Rupp v. International Terminal Operating Co., Inc.Court of Appeals for the Second Circuit · 1973
- Pilsener Bottling Co. v. Sunset Park Industrial AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
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