LOCKLEY v. ROBIE


301 N.Y. 371 (1950)

Lloyd F. Lockley, Appellant, v. George F. Robie et al., Respondents.

Court of Appeals of the State of New York.

Decided July 11, 1950


Attorney(s) appearing for the Case

W. Clyde O'Brien for appellant.

William MacFarlane for respondents.

LEWIS, CONWAY and DYE, JJ., concur with FROESSEL, J.; LOUGHRAN, Ch. J., DESMOND and FULD, JJ., dissent on the ground that the findings of the Appellate Division are in accord with the weight of the evidence.


FROESSEL, J.

In this action, which involves primarily the two principal stockholders of the corporate defendant, and wherein plaintiff seeks restoration of his former status and rights in said corporation, based largely upon the oral agreement of August 1, 1941, we are of the opinion that the weight of the evidence supports the findings and determination of Special Term, excepting with respect to the failure to...

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