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MURRAY OIL PRODS. v. ROYAL EXCH. CO.

21 N.Y.2d 440 (1968)

Murray Oil Products, Inc., Appellant, v. Royal Exchange Assurance Co., Respondent.

Court of Appeals of the State of New York.

Decided February 22, 1968.

Attorney(s) appearing for the Case

Copal Mintz for appellant.

Abraham J. Asche and S. E. Gross for respondent.

Judges SCILEPPI, BREITEL and JASEN concur with Judge KEATING; Chief Judge FULD dissents and votes to affirm in a separate opinion in which Judges BURKE and BERGAN concur.

KEATING, J.

On November 20, 1963, the plaintiff delivered 300,600 pounds of vegetable oil to the Harbor Tank Storage Co. for storage in its tanks. The following month the storage company became insolvent and was found to have insufficient oil in its possession to return all the oil the plaintiff had deposited. As a result, the plaintiff lost 70,000 pounds of oil, the...

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