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IRWIN v. EAGLE LION CLASSICS

283 A.D. 374 (1954)

Woodrow N. Irwin, as Trustee for The Beneficial Owners of the Photoplay "Not Wanted", Respondent, v. Eagle Lion Classics, Inc., et al., Defendants, and New York Trust Company, Appellant

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

March 2, 1954.

Attorney(s) appearing for the Case

Samuel Gottlieb of counsel (Thomas Capek with him on the brief; Gettinger & Gettinger, attorneys), for Woodrow N. Irwin, as trustee, respondent.

William St. John Tozer of counsel (Robert F. Little and James Marshall with him on the brief; White & Case, attorneys), for New York Trust Company, appellant.

DORE, J. P., COHN, CALLAHAN, BASTOW and BOTEIN, JJ., concur.

Per Curiam.

Upon examination of the pleadings, contracts and affidavits it clearly appears that the relationship between the parties to the contract of February 14, 1949, was one of debtor and creditor. The agreement provides "that, notwithstanding any language contained herein to the effect that Producer is entitled to receive a portion of the gross receipts of the Picture as hereinabove provided, none of the proceeds...

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