HUGHES TOOL CO. v. UNITED ARTISTS CORP.


279 A.D. 417 (1952)

Hughes Tool Company, Respondent, v. United Artists Corporation, Appellant

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

February 26, 1952.


Attorney(s) appearing for the Case

Louis Nizer of counsel (Walter S. Beck with him on the brief; O'Brien, Driscoll, Raftery & Lawler, attorneys), for appellant.

Walter R. Mansfield of counsel (Sidney P. Howell, Jr., with him on the brief; Donovan Leisure Newton Lumbard & Irvine, attorneys), for respondent.

PECK, P. J., GLENNON and SHIENTAG, concur; CALLAHAN, J., dissents and votes to affirm upon the ground that no triable issue appears to be raised concerning the rate of exchange.


VAN VOORHIS, J.

Plaintiff is a motion picture producer, and defendant a distributor. Defendant contracted to distribute a motion picture for plaintiff in various foreign countries. Defendant attempted to offset its collections for plaintiff's account against the liability to defendant of another corporation. Special Term correctly held this to have been an unauthorized offset, and defendant to be chargeable with...

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