Procter & Gamble Distributing Company, Respondent,
v.
Lawrence American Field Warehousing Corp., Formerly Known as American Express Field Warehousing Corporation, Appellant
Garnac Grain Co., Inc., Respondent-Appellant,
v.
Lawrence American Field Warehousing Corp., Appellant
A. J. Armstrong Co., Inc., Respondent-Appellant,
v.
Lawrence American Field Warehousing Corp., Appellant
National Dairy Products Corporation, Respondent-Appellant,
v.
Lawrence American Field Warehousing Corp., Appellant
Continental Grain Company, Respondent-Appellant,
v.
Lawrence American Field Warehousing Corp., Appellant
J. R. Williston & Beane, Incorporated, et al., Respondents-Appellants,
v.
Lawrence American Field Warehousing Corp., Appellant
In Each of the Above-entitled Actions: Lawrence American Field Warehousing Corp., Defendant-Appellant and Third-Party Plaintiff,
v.
Brooks Banker, as Treasurer of American Express Company, Third-Party Defendant-Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
January 26, 1965.
January 26, 1965.
Attorney(s) appearing for the Case
James M. FitzSimons of counsel (James B. Donovan with him on the brief; Watters & Donovan, attorneys), for Lawrence American Field Warehousing Corp., appellant.
William W. Owens of counsel (Peter J. O'Shea, Jr., with him on the brief; Royall, Koegel & Rogers, attorneys), for Procter & Gamble Distributing Company, respondent.
Allen T. Klots of counsel (Peter H. Kaminer with him on the brief; Winthrop, Stimson, Putnam & Roberts, attorneys), for Brooks Banker, third-party defendant-appellant.
Sheldon Oliensis of counsel (Ivan Serchuk with him on the brief; Kaye, Scholer, Fierman, Hays & Handler, attorneys), for A. J. Armstrong Co., Inc., respondent-appellant.
Henry E. Otto of counsel (Samuel C. Otto with him on the brief; Otto & Easterday, attorneys), for Garnac Grain Co., Inc., respondent-appellant.
Robert MacCrate of counsel (David A. Donohoe with him on the brief; Sullivan & Cromwell, attorneys), for National Dairy Products Corporation, respondent-appellant.
Lloyd K. Garrison of counsel (Arthur L. Liman with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for Continental Grain Company, respondent-appellant.
Donald Marks of counsel (Stephen F. Selig with him on the brief; Baer, Marks, Friedman & Berliner, attorneys), for J. R. Williston & Beane, Incorporated, and another, respondents-appellants.
VALENTE, McNALLY, STEVENS and STEUER, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
BREITEL, J. P.
These are appeals arising in six actions brought to recover damages on the dishonor of nonnegotiable warehouse receipts. The receipts had been issued in connection with the deposit by the several plaintiffs or their predecessors in interest of quantities of soybean oil. There are common issues arising from the unexplained disappearance of the oil from the warehouse tanks in which they had been...
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