ULLMANN BROKERAGE CORP. v. ZIMBAL


280 A.D. 130 (1952)

Joseph Ullmann Brokerage Corp., Respondent, v. Roland Zimbal et al., Copartners Doing Business under the Name of Sauk Trial Minkery, Appellants

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

April 22, 1952.


Attorney(s) appearing for the Case

Sidney S. Korzenik for appellants.

H. William Rosenblum of counsel (Ralph S. Hein with him on the brief; Rosenblum & Hein, attorneys), for respondent.

GLENNON, J. P., COHN, SHIENTAG and HEFFERNAN, JJ., concur.


CALLAHAN, J.

On October 16, 1949, the parties entered into a written agreement drawn by plaintiff broker under which it agreed to take out pelt insurance on defendants' pelts and defendants agreed to ship, within thirty days after pelting, all pelts taken from the animals to plaintiff for sale. Plaintiff purportedly took out the insurance, but such insurance was ineffective because the animals had not been pelted...

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