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SMITH v. SMITH

277 A.D. 694 (1951)

Sophie A. Smith, Respondent, v. Isidor A. Smith, Appellant

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

February 13, 1951.

Attorney(s) appearing for the Case

Ralph D. Ray of counsel (Melvin D. Goodman and Frederick J. Steinhardt with him on the brief; Chadbourne, Parke, Whiteside, Wolff & Brophy, attorneys), for appellant.

Charles Gottlieb of counsel (Benjamin Bernstein, Lawrence N. Friedland and Lawson F. Bernstein with him on the brief; Benjamin Bernstein, attorney), for respondent.

PECK, P. J., GLENNON, DORE, COHN and VAN VOORHIS, JJ., concur.

Per Curiam.

Whether the 1943 agreement limited plaintiff's interest to 400 shares of the pledged stock and recognized defendant's right to 300 of the remaining 400 shares upon liquidation of the obligation for which the 800 shares were pledged or whether 700 of the 800 shares pledged were to go to plaintiff when the debt was paid is not clearly stated. The instrument was prepared under the direction of Harold M. Lane, executive vice-president of Lerner Stores...

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