THALLON & CO. v. BEST


13 Misc.2d 782 (1958)

John Thallon & Co., Inc., Plaintiff, v. Peter G. Best, Doing Business as Peter G. Best Company, Defendant.

Supreme Court, Special Term, New York County.

September 17, 1958.


Attorney(s) appearing for the Case

Kommel & Rogers for plaintiff.

Bigham, Englar, Jones & Houston for Miller Hays & Co.

Viscardi & Viscardi for Schmidt Pritchard & Co., Inc.


GEORGE TILZER, J.

This is a motion pursuant to sections 121 and 211 of the Personal Property Law to enjoin and restrain the negotiation of bill of lading No. 61.

It is undisputed that the bill of lading is in the hands of Schmidt Pritchard & Co., which is not a party to the action.

The proposed action is upon a contract against a nonresident, not doing business in this State. The plaintiff, in order to get jurisdiction, has attempted...

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