SMITH v. WESTERN UNION TEL. CO.


276 A.D. 210 (1949)

Bertram R. Smith et al., Respondents, v. Western Union Telegraph Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1949.


Attorney(s) appearing for the Case

Timothy N. Pfeiffer of counsel (Rebecca M. Cutler with him on the brief; Milbank, Tweed, Hope & Hadley, attorneys), for appellant Western Union Telegraph Company.

John H. Waters of counsel (John H. Waters, Clarence W. Roberts and William G. H. Acheson, attorneys), for appellant Gold and Stock Telegraph Company.

Arthur Garfield Hays of counsel (John Schulman, Seymour M. Heilbron, Osmond K. Fraenkel and Irwin Karp with him on the brief; Hays, St. John, Abramson & Schulman, attorneys), for respondents.

DORE, J. P., CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.


COHN, J.

The suit is for a declaratory judgment brought by minority stockholders of defendant, the Gold and Stock Telegraph Company (hereinafter called Gold & Stock) in the corporation's behalf for a judicial construction of a ninety-nine-year lease entered into in 1881, and running until 1981, between it and defendant Western Union Telegraph Company (hereafter called Western Union) whereby defendant Western...

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