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Published online by Cambridge University Press: 28 March 2017
Assisted by John E. Donnelly, Cornelius B. Prior, Jr., and William J. Williams, Jr., of the New York Bar.
** Excerpted text of opinion; certain footnotes and citations omitted.
*** Supreme Court's opinion printed in excerpted form at 58 A.J.I.L. 779 (1964); Court of Appeals' opinion at 56 ibid. 1085 (1962); District Court's opinion at 55 ibid. 741 (1961).
1 Subsequent to the decision of the Court of Appeals and before the decision of the Supreme Court, Sabbatino was discharged as receiver of C.A.V. and the funds in dispute were placed in escrow pending the outcome of this suit. After remand, pursuant to stipulation of the parties, the action was discontinued as against Sabbatino and the title was amended to name as defendants only the co-partners doing business as Farr, Whitlock & Co.