PHILADELPHIA – A case pitting a Georgia shipping company against a local organic juice company that was alleged to be in debt to it for outstanding shipping costs in excess of $11,000 was recently ended.
According to a praecipe filed by counsel for plaintiff Kuehne & Nagel, Inc. on March 20, it requested the case it brought against Everpress Juice, Inc. be dismissed without prejudice.
On April 13, 2018, Kuehne & Nagel, Inc. of Eastpoint, Ga. first filed suit in the Philadelphia County Court of Common Pleas versus the defendant (doing business as “Juice From The Raw”) of Philadelphia.
Per a contract entered into between the parties at an undetermined date, the suit says the plaintiff rendered shipping services to the defendant pursuant to a bill of lading for $10,938. Along with the principal amount, the plaintiff was entitled to recover a six percent rate of interest per year to the past due balance – which amounted to $656.28 at the time of filing and continues to accrue – leading to a total amount of $11,594.28.
However, the defendant has allegedly refused to pay this amount. An arbitration hearing in this matter was slated for Jan. 23, 2019, at the Philadelphia County Court of Common Pleas’s Arbitration Center.
For a count of breach of contract, the plaintiff is seeking damages of $11,594.28, plus interest at a rate of six percent annually from April 12, costs and all other relief to which plaintiff may be entitled; Or in the alternative, for a count of unjust enrichment, the plaintiff is seeking damages of $10,938, plus interest at a rate of six percent annually from April 12, costs and all other relief to which plaintiff may be entitled.
The plaintiff was represented by Michael R. Lessa and Daniel Wechsler of Amato & Associates, in Bethlehem.
The defendant did not secure legal counsel, according to Court records.
Philadelphia County Court of Common Pleas case 180401773
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com