Hyperlawhypertext legal database National Roofing Co. v. Erie R. 155 N.Y.S. 1127

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National Roofing Co. v. Erie R.

155 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1915-10-13 English

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p. 1127
NATIONAL ROOFING CO., Appellant, v. ERIE R. CO., Respondent.
(Supreme Court, Appellate Division, Fourth Department.
October 13, 1915.)

Headnote

Action by the National Roofing Company against the Erie Railroad Company.

Judgment affirmed, with costs.

KRUSE, P. J., dissents upon the grounds: (1) That under all the facts and circumstances there was a question of fact as to whether, at the time the goods arrived and were tendered by the railroad company and taken by the plaintiff, it was the owner and holder of the bill of lading and had title to the property; (2) that, if any amendment to the complaint was necessary, the trial court had ample power to allow the same.