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FLUORO ELECTRIC CORP. v. SMITH TRANSPORT LTD.

58 N.J. Super. 287 (1959)

156 A.2d 153

FLUORO ELECTRIC CORPORATION, PLAINTIFF-APPELLANT, v. SMITH TRANSPORT LIMITED, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1959.

Attorney(s) appearing for the Case

Mr. Arthur Slavitt argued the cause for plaintiff-appellant.

Mr. Jerome S. Lieb argued the cause for defendant-respondent (Messrs. Harkavy and Lieb, attorneys).

Before Judges GOLDMANN, CONFORD and HANEMAN.

The opinion of the court was delivered by CONFORD, J.A.D.

The first count of the complaint in this action (the appeal is not concerned with the second count) recites that defendant, a common carrier, received from plaintiff on July 15, 1957 five reels of telephone cable for shipment to Barrington Air Force Base, Barrington, Nova Scotia; that the defendant received the goods in good condition; but that "when said merchandise...

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