PRUDENTIAL CAPITAL CORP. v. WHITEHALL MERCANTILE CORP.


26 A.D.2d 815 (1966)

Prudential Capital Corp., Appellant, v. Whitehall Mercantile Corporation, Respondent

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

October 27, 1966


Judgment entered May 11, 1966, dismissing the complaint, unanimously affirmed, with $50 costs and disbursements to the respondent.

The plaintiff and defendant were joint venturers in the factoring of certain accounts receivable. Their agreement provided that "[i]n the event any loss is suffered in this account", the defendant would bear the full amount of said loss to the extent of its participation before any loss would be suffered by the plaintiff. A loss was suffered...

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