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SMITH v. SMITH

282 A.D. 151 (1953)

Sophia A. Smith, Appellant, v. Isidor A. Smith, Respondent

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

May 26, 1953.

Attorney(s) appearing for the Case

Charles Gottlieb of counsel (Benjamin Bernstein with him on the brief; Benjamin Bernstein, attorney), for appellant.

Ralph D. Ray of counsel (Edward R. Neaher with him on the brief; Chadbourne, Parke, Whiteside, Wolff & Brophy, attorneys), for respondent.

PECK, P. J., GLENNON, COHN, CALLAHAN and BERGAN, JJ., concur.

Per Curiam.

Plaintiff instituted this action against the Associated Lerner Shops of America, Inc., for the recovery of the possession of stock to which she claimed title. That defendant had taken the stock as collateral security for moneys previously advanced, and impleaded the present defendant, Isidor A. Smith, who is plaintiff's husband, on the ground that the real issue as to right of possession of the stock was...

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