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ZOBEL v. KOREE

276 A.D. 459 (1950)

Robert P. Zobel, as Sole Surviving Director of Caribbean Guano Company, and on Behalf of Himself and All Other Stockholders of Caribbean Guano Company, Appellant, v. Jean U. Koree, Respondent

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

March 14, 1950.

Attorney(s) appearing for the Case

David Harrison for appellant.

Milton S. Gould of counsel (George Trosk and Philip J. Albert with him on the brief; Gallop, Climenko & Gould, attorneys), for respondent.

PECK, P. J., COHN and VAN VOORHIS, JJ., concur in Per Curiam opinion; CALLAHAN, J., dissents and votes to reverse the judgment appealed from and for declaratory judgment in favor of the plaintiff, in an opinion in which DORE, J., concurs.

Per Curiam.

In a representative action on behalf of Caribbean Guano Company, hereinafter called "plaintiff", judgment is demanded and has been denied declaring a certain agreement to be terminated, pursuant to which plaintiff purports to have granted to defendant, but without warranty of title, the exclusive right for a term of years to export and sell guano from certain islands in the Caribbean Sea, under a license...

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