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WHYTE v. N. Y. MERCANTILE EXCH.

36 Misc.2d 745 (1962)

Jay Whyte, Plaintiff, v. New York Mercantile Exchange, Defendant and Third-Party Plaintiff. Edelstein & Co., Third-Party Defendant.

Supreme Court, Special and Trial Term, New York County.

June 15, 1962

Attorney(s) appearing for the Case

Austreih, Martino & Weiss (Leonard Wein of counsel), for Edelstein & Co., interpleaded defendant. Landis, Feldman, Reilly & Akers (Paul Frank of counsel), for defendant. Joseph J. Shapiro and Harry Harris for plaintiff.

ARTHUR G. KLEIN, J.

The plaintiff brings this action to recover from the defendant, New York Mercantile Exchange, the sum of $8,000 which the defendant admittedly received and is now holding. The plaintiff claims this sum by virtue of a letter of instructions from one Charles Lepore to pay over to the plaintiff $8,200, all the proceeds of the sale of a seat on the New York Mercantile Exchange. The plaintiff...

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