TINPLATE PURCHAS. CORP. v. TUTEUR & CO.


12 A.D.2d 434 (1961)

Tinplate Purchasing Corporation, Respondent, v. Tuteur & Co., Inc., Appellant

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

March 14, 1961.


Attorney(s) appearing for the Case

Seligson, Morris & Neuburger (David Sive of counsel), for appellant.

Yellin & Levy (Sol H. Yellin and Sydney G. Platzer of counsel), for respondent.

NOLAN, P. J., KLEINFELD and PETTE, JJ., concur with CHRIST, J.; BELDOCK, J., dissents in opinion.


CHRIST, J.

The action is for recovery of damages sustained by plaintiff as the result of the alleged breach by defendant of two settlement agreements, under each of which certain tinplate belonging to plaintiff was stored in a warehouse of a third party in Naples, Italy. While so stored an Italian official seized custody of the tinplate in pursuance of legal process in the nature of an attachment issued by a...

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