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VICHEREK v. PAPANEK

281 A.D. 498 (1953)

Alois Vicherek, as President of The Czechoslovak Red Cross, an Unincorporated Association, Appellant, v. Jan Papanek et al., Respondents

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

March 31, 1953.

Attorney(s) appearing for the Case

Martin Popper of counsel (Benjamin Spiegel with him on the brief; Wolf, Popper, Ross, Wolf & Jones, attorneys), for appellant.

Marvin Schwartz of counsel (Sullivan & Cromwell, attorneys), for Jan Papanek, respondent.

Abe Wagman of counsel (Wendell P. Brown and P. Hodges Combier with him on the brief; Nathaniel L. Goldstein, Attorney-General), for State of New York, respondent.

DORE, J. P., and COHN, J., concur with BERGAN, J.; VAN VOORHIS, J., dissents and votes to reverse, in opinion, in which BREITEL, J., concurs.

BERGAN, J.

The action was instituted in 1948 by Alois Vicherek, "as President of the Czechoslovak Red Cross, an unincorporated association" against defendants Jan Papanek and the Manufacturers Trust Company.

The complaint alleges the appointment of Papanek as agent of the Czechoslovak Red Cross in the United States in 1943 to organize relief for the suffering population of Czechoslovakia during the last...

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