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STANDARD WINE & LIQ. v. BOMBAY SPIRITS

25 A.D.2d 236 (1966)

Standard Wine & Liquor Co., Inc., Respondent, v. Bombay Spirits Co., Ltd., Appellant, et al., Defendants

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

April 5, 1966.

Attorney(s) appearing for the Case

Alvin J. Burnett of counsel (McLaughlin & Stern, attorneys), for appellant.

James B. Wigdor of counsel (Unterman & Alfieri, attorneys), for respondent.

BOTEIN, P. J., RABIN, McNALLY and WITMER, JJ., concur.

STEUER, J.

The moving defendant (hereinafter defendant) is a Scottish corporation which distills liquors in the United Kingdom. It has a contract with defendant A. M. Penrose & Co., Inc. (Penrose) by the terms of which Penrose has the exclusive privilege of selling its products in the United States. Penrose buys whatever it requires from defendant in England and defendant ships it, F. O. B., to Penrose. Penrose...

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