(Download) "Procter & Gamble Distributing Company v. Lawrence American Field Warehousing Corp." by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: Procter & Gamble Distributing Company v. Lawrence American Field Warehousing Corp.
- Author : Court of Appeals of New York
- Release Date : January 30, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
This is an action against a warehouse corporation based upon the non-delivery of the merchandise for which it issued its warehouse receipts. The theory of action is conversion. Plaintiff (hereafter called P & G) asserts that in the absence of any explanation of the disappearance of these goods, the defendant (hereafter called Field) is liable for the market value of this merchandise at the times when it was delivered to the warehouse. Plaintiff is correct in these contentions, we have concluded, and is entitled to summary judgment in this amount. We agree with the Appellate Division that no triable issue is presented concerning the liability of defendant, but consider that the Appellate Division erred in directing an assessment of damages and in not awarding to plaintiff the undisputed market value of the merchandise delivered to defendant at the times of its delivery, which was as high as at any subsequent time or times prior to notification to plaintiff of its disappearance. The basic issue is simple, but it has been encrusted with a complex of fact and legal argument which makes it necessary to discuss the case in more detail.