Legal Opinion

Gnichtel v. . Stone

New York Court of Appeals

Decided May 31, 1922PublishedCited by 9 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 2, 1921, affirming a judgment in favor of defendant entered upon a verdict. . The plaintiff’s motion for' the direction of a verdict in his favor at the conclusion .of the evidence should have been granted. (People v. Davis, 231 N. Y. 60; Tucker v. O’Brien, 117 N. Y. Supp. 1010; Candee v. Penn.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 2, 1921, affirming a judgment in favor of defendant entered upon a verdict. . The plaintiff’s motion for' the direction of a verdict in his favor at the conclusion .of the evidence should have been granted. (People v. Davis, 231 N. Y. 60; Tucker v. O’Brien, 117 N. Y. Supp. 1010; Candee v. Penn. R. R. Co., 147 N. Y. Supp. 529; Byrne v. B. C. R. R. Co., 56 N. Y. S. R. 127; 145 N. Y. 619; Lomer v. Meeker, 25 N. Y. 361; Kavanagh v. Wilson, 70 N. Y. 177; Kelly v. Burroughs, 102…

1Opinion of the CourtPound, J.

Defendant was a stockholder and director of the Swinehart Tire and Rubber Company, a New Jersey corporation, which was a selling company, subsidiary to the Swinehart Tire and Rubber Company of Ohio. He was the owner of 25 shares of its capital stock of the par value of $2,500. It is alleged that on April 17, 1914, the directors, including defendant, voted to purchase his stock, for $2,500. At the same time the directors took back from Kingsbury, another director, his shares of stock and returned to him his promissory note of $1,250, which he had given for such shares. About this time it…

2Cases cited4 opinions

  1. Hull v. . LittauerNew York Court of Appeals · 1900
  2. Kavanagh v. . WilsonNew York Court of Appeals · 1877
  3. Darcy v. Brooklyn & New York Ferry Co.New York Court of Appeals · 1909
  4. Second National Bank v. WestonNew York Court of Appeals · 1902

3Cited by9 opinions

  1. In re BucklerAppellate Division of the Supreme Court of the State of New York · 1929
  2. In re the Judicial Settlement of the Accounts of First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1931
  3. McCallum v. PickensNew York Supreme Court · 1925
  4. In re the Estate of BrushNew York Surrogate's Court · 1930
  5. People v. LeviaAppellate Division of the Supreme Court of the State of New York · 1956

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