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Mayflower Dairy Products, Inc. v. Fidelity-Phenix Fire Insurance

Mayflower Dairy Products, Inc. v. Fidelity-Phenix Fire Insurance Company of New York

Mayflower Dairy Prods., Inc. v. Fid.-Phenix Fire Ins., 170 Misc. 2 (1938)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
December 20, 1938
Citations
170 Misc. 29 N.Y.S.2d 8921938 N.Y. Misc. LEXIS 2338

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

Transportation or in transit as applied to a seller making its own deliveries to customers means the movement of the loaded conveyance carrying the goods from the starting point or seller’s premises to the point of destination or place of delivery to the buyer or customer. While there may be some reasonable deviation, such as temporary stops, incidental to the process of delivery or necessary for those engaged in same, or even the return of undelivered goods, transportation or in transit implies the continuous action of moving the goods from the one point and putting them down in another. In our opinion in transit cannot include a period commencing on the evening of one day when for its own convenience the seller in its own premises loads the goods on its truck, and extending then on through the night during which the loaded truck is stored in such premises on to that time in the morning of the next day when the truck is manned and proceeds on its way to the point of destination. Such a situation implies storage.

Judgment reversed, with thirty dollars costs, and judgment directed for defendant, with costs.

All concur. Present — Lydon, Hammer and Shientag, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1960: 11962: 11964: 11965: 11966: 11969: 11970: 11973: 11975: 11976: 219602026peak 1976 · 2

Relies on it most ⓘ

  1. Boonton Handbag Co. v. Home Ins. Co.310 A.2d 510 (N.J. Super. Ct. App. Div. 1973)
  2. Simons v. Niagara Fire Insurance Company398 S.W.2d 833 (Tex. App. 1966)
  3. Irv-Bob Formal Wear, Inc. v. Public Service Mutual Insurance81 Misc. 2d 422 (N.Y. City Civ. Ct. 1975)
  4. United States Fidelity & Guaranty Co. v. Hutson Construction Co.544 S.W.2d 762 (Tex. App. 1976)
  5. Ben Pulitzer Creations, Inc. v. Phoenix Insurance47 Misc. 2d 801 (N.Y. City Civ. Ct. 1965)
  6. Kessler Export Corp. v. Reliance Insurance Co. of Philadelphia, Penn.207 F. Supp. 355 (E.D.N.Y. 1962)

Most recent

  1. United States Fidelity & Guaranty Co. v. Hutson Construction Co.544 S.W.2d 762 (Tex. App. 1976)
  2. Citron v. Hartford Accident & Indemnity Co.86 Misc. 26 (N.Y. City Civ. Ct. 1976)
  3. Irv-Bob Formal Wear, Inc. v. Public Service Mutual Insurance81 Misc. 2d 422 (N.Y. City Civ. Ct. 1975)
  4. Boonton Handbag Co. v. Home Ins. Co.310 A.2d 510 (N.J. Super. Ct. App. Div. 1973)
  5. Franklin v. Washington General Insurance62 Misc. 2d 965 (N.Y. Sup. Ct. 1970)
  6. Den Gre Plastics Co., Inc. v. Travelers Indem.259 A.2d 485 (N.J. Super. Ct. App. Div. 1969)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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