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COUNTY TRUST CO. v. PILMER EDSEL, INC.

14 N.Y.2d 617 (1964)

County Trust Company, Respondent, v. Pilmer Edsel, Inc., Appellant.

Court of Appeals of the State of New York.

Decided March 26, 1964.

Attorney(s) appearing for the Case

Herman Axelrod for appellant.

Seymour A. Geller for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD and BERGAN. Judge BURKE dissents in the following opinion in which Judges VAN VOORHIS and SCILEPPI concur.

Judgment affirmed, with costs, upon the majority memorandum at the Appellate Division.

BURKE, J. (dissenting).

This case presents an important question in the law of commercial transactions in which I believe this court has been misled by linguistics at the expense of considerations of justifiable expectations based on custom and usage. We have here a dealer whose business it is to sell automobiles and a bank whose business it is to finance such...

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