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PROCTER & GAMBLE v. LAWRENCE WARE. CORP.

16 N.Y.2d 344 (1965)

Procter & Gamble Distributing Company, Respondent-Appellant, v. Lawrence American Field Warehousing Corp., Formerly Known as American Express Field Warehousing Corporation, Appellant-Respondent and Third-Party Plaintiff. Brooks Banker, as Treasurer of American Express Company, Appellant-Respondent and Third-Party Defendant.

Court of Appeals of the State of New York.

Decided December 30, 1965.

Attorney(s) appearing for the Case

Peter H. Kaminer, Patrick J. Hughes and Edwin J. Wesely for appellants-respondents.

William W. Owens and Peter J. O'Shea, Jr., for respondent-appellant.

Chief Judge DESMOND and Judges DYE, BURKE, SCILEPPI and BERGAN concur with Judge VAN VOORHIS; Judge FULD taking no part.

VAN VOORHIS, J.

This is an action against a warehouse corporation based upon the nondelivery of the merchandise for which it issued its warehouse receipts. The theory of action is conversion. Plaintiff (hereafter called P & G) asserts that in the absence of any explanation of the disappearance of these goods, the defendant (hereafter called Field) is liable for the market value of this merchandise at the...

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