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Kerr Steamship Co. v. Schenkers International Forwarders, Inc.

26 A.D.2d 817 Court N.Y. App. Div. Decision date 1966-10-27 English

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p. 817
Kerr Steamship Co., Inc., Plaintiff, v. Schenkers International Forwarders, Inc., Defendant, and Western Vegetable Oils Company, Inc., Defendant-Appellant and Third-Party Plaintiff-Appellant. Leif Hoegh & Co., A/S, Third-Party Defendant-Respondent.

Judgment dismissing the third-party complaint unanimously affirmed, with $50 costs and disbursements to the third-party defendant. Western Vegetable Oils Company, Inc. sustained its damage when it paid out its moneys to Allied Crude Vegetable Oil Refining Corp., and therefore any misconduct by Leif Hoegh & Co., A/S was not the proximate cause of any loss to Western. Consequently the court does not have to reach the other issues presented. Concur — Breitel, J. P., Rabin, McNally, Steuer and Capozzoli, JJ.