Hyperlawhypertext legal database Hegarty v. Lauber 275 A.D.2d 848

← Cases

Hegarty v. Lauber

275 A.D.2d 848 Court N.Y. App. Div. Decision date 1949-05-16 English

Contents

Majority

p. 848
John Hegarty, Respondent, v. Lena Lauber et al., Doing Business as Saratoga Dairy and/or Saratoga Distributors and/or Saratoga Food Distributors, Respondents. Lena Lauber et al., Doing Business as Saratoga Distributors, Third Party Plaintiffs-Respondents, v. Orange Canning Co., Inc., Third Party Defendant-Appellant.

The canner is liable for the merchandise that was proved to be defectively packed. The wholesalers are not entitled to recover from the canner for the misbranding done by the wholesalers. Present — Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ.