BROWN v. ROSETTI


66 Misc.2d 239 (1971)

Henry Brown, Respondent, v. Thomas E. Rosetti, as Property Clerk of the Police Department of the City of New York, et al., Defendants, and Newburger Loeb & Company et al., Appellants.

Supreme Court, Appellate Term, First Department.

February 3, 1971


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston (Robert B. Budelman, Jr., and James R. Sullivan of counsel), for appellants. Ash & Miller (Theodore M. Wolkof of counsel), for respondent.

Concur — LUPIANO, J. P., STREIT and GOLD, JJ.


Per Curiam.

Plaintiff, sole stockholder of a commercial factor corporation, testified that he made a personal loan to a customer of his firm on the security of five bearer bonds, including the subject bond, and upon nonpayment of the loan, claims to have acquired the status of a bona fide purchaser for value. Some months prior thereto the subject bond, together with numerous other bonds and securities, had been found to be missing on an audit made by defendant...

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