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NOPCO CHEMICAL DIV. v. BLAW-KNOX CO.

59 N.J. 274 (1971)

281 A.2d 793

NOPCO CHEMICAL DIVISION OF DIAMOND SHAMROCK CHEMICAL COMPANY, A UNIT OF DIAMOND SHAMROCK CORPORATION, PLAINTIFF-APPELLANT, v. BLAW-KNOX COMPANY, A CORPORATION OF NEW YORK, CENTRAL NEW YORK FREIGHTWAYS, INC., A CORPORATION OF NEW YORK, HARRISON WAREHOUSE CORPORATION, A CORPORATION OF NEW JERSEY, BELBY TRANSFER COMPANY, A CORPORATION OF NEW JERSEY, AND JOHN S. GEIGER & SONS, INC., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided September 28, 1971.

Attorney(s) appearing for the Case

Mr. Albert E. Fershing argued the cause for plaintiff-appellant (Messrs. Shurkin, Hersh & Fershing, attorneys; Mr. Fershing, on the brief).

Mr. Augustus Nasmith argued the cause for defendant-respondent Blaw-Knox Company (Messrs. Carpenter, Bennett & Morrissey, attorneys; Mr. Nasmith, of counsel).

Mr. John Methfessel argued the cause for defendant-respondent Central New York Freightways, Inc. (Messrs. Gennet & Methfessel, attorneys; Mr. Methfessel, on the brief).

Mr. Neil Reiseman argued the cause for defendant-respondent Harrison Warehouse Corporation (Messrs. Schreiber and Lancaster, attorneys, Mr. Gerald W. Conway and Mr. Reiseman, on the brief).

Mr. Richard M. Icklan argued the cause for defendant-respondent Belby Transfer Company (Messrs. Lamb, Blake, Hutchinson and Dunne, attorneys; Mr. Icklan, of counsel).

Mr. Marvin A. Sachs argued the cause for defendant-respondent John S. Geiger & Sons, Inc. (Messrs. Feuerstein, Sachs and Maitlin, attorneys; Mr. Sachs, on the brief).

The opinion of the Court was delivered by HALL, J.

In this suit plaintiff, a purchaser of a large, heavy drying machine, sought to recover for concealed damage to the equipment, discovered after it had been delivered to plaintiff's place of business. The action was brought against the manufacturer and all carriers and bailees who successively, but unconnectedly, handled it until it reached its final destination. Although plaintiff's proofs established the nature of...

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