Black Diamond Steamship Corp. v. S. H. Kress & Co.

Appellate Terms of the Supreme Court of New York

Black Diamond Steamship Corp. v. S. H. Kress & Co.

157 Misc. 360, 284 N.Y.S. 310, 1935 N.Y. Misc. LEXIS 1639

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 21, 1935

StatusPublished

This text of 157 Misc. 360 (Black Diamond Steamship Corp. v. S. H. Kress & Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Black Diamond Steamship Corp. v. S. H. Kress & Co., 157 Misc. 360, 284 N.Y.S. 310, 1935 N.Y. Misc. LEXIS 1639 (N.Y. Ct. App. 1935).

Pincite

Opinion

Per Curiam.

Among the discriminatory acts prohibited by the United States Shipping Act (39 U. S. Stat. at Large, 734, §§ 16, 17; U. S. Code, tit. 46, §§ 815, 816) is the giving of unreasonable preference in rates to any shipper. Here the plaintiff was a member of a steamship conference which had filed rates and said rates having been approved and published had the effect of tariffs. The contract rates between the parties being less than the published rates would constitute a discriminatory act if enforced. The defendant may not enforce same even though it was in ignorance of the published tariffs. The contract itself would constitute a device that was unfair to other shippers.

Judgment reversed, with thirty dollars costs, and judgment directed for the plaintiff for the amount demanded in the complaint, and dismissing the counterclaims, on the merits, with costs.

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

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Per Curiam.

Among the discriminatory acts prohibited by the United States Shipping Act (39 U. S. Stat. at Large, 734, §§ 16, 17; U. S. Code, tit. 46, §§ 815, 816) is the giving of unreasonable preference in rates to any shipper. Here the plaintiff was a member of a steamship conference which had filed rates and said rates having been approved and published had the effect of tariffs. The contract rates between the parties being less than the published rates would constitute a discriminatory act if enforced. The defendant may not enforce same even though it was in ignorance of the published tariffs. The contract itself would constitute a device that was unfair to other shippers.

Judgment reversed, with thirty dollars costs, and judgment directed for the plaintiff for the amount demanded in the complaint, and dismissing the counterclaims, on the merits, with costs.

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

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Bluebook (online)

157 Misc. 360, 284 N.Y.S. 310, 1935 N.Y. Misc. LEXIS 1639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-diamond-steamship-corp-v-s-h-kress-co-nyappterm-1935.