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BROWN v. KAHANICK

3 A.D.2d 825 (1957)

John R. Brown, Respondent, v. Mary Kahanick, Appellant, et al., Defendant

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

April 16, 1957

Order appealed from affirmed.

BOTEIN, J. (dissenting).

The allegations of plaintiff's complaint do not spell out a loan transaction, but rather a joint venture between plaintiff and defendant's assignor. The money advanced by defendant's assignor was used and was intended to be used to purchase stock and options. When plaintiff turned over the stock to defendant's assignor his note was returned, and he no longer had an obligation to repay the...

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