Kinnan v. Forty-Second Street, Manhattanville & St. Nicholas Avenue Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Eew York, entered upon an order made January 3,1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to compel defendant to make and issue to plaintiff, as executor of Joseph W. Burnham, deceased, certificates for 100 shares of its capital stock.
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Appeal from judgment of the General Term of the Superior Court of the city of Eew York, entered upon an order made January 3,1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to compel defendant to make and issue to plaintiff, as executor of Joseph W. Burnham, deceased, certificates for 100 shares of its capital stock. The complaint alleged that in 1883 defendant issued to one D. D. Conover two certificates for fifty shares each of its capital stock, which were thereafter transferred to plaintiffs…
1Opinion of the CourtFinch, J.
There is sufficient evidence in this record to sustain the judgment for equitable relief which has been rendered. Although the facts are not full and precise, and not so developed in detail as to escape some natural criticism, yet they were established to the satisfaction of the trial judge, whose findings have been approved by the General Term, and must be conclusive here unless there is no evidence to support them. That is claimed to be the case as it respects the authenticity and genuineness of the stock certificates which have been lost and are sought to be replaced. It is true that…
2Cases cited1 opinion
- Reubens v. . JoelNew York Court of Appeals · 1856
3Cited by7 opinions
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- Pierpoint v. FarnumAppellate Division of the Supreme Court of the State of New York · 1931
- Mann v. Compania Petrolera Trans-Cuba, S. A.Appellate Division of the Supreme Court of the State of New York · 1970
- J. & A. McKechnie Brewing Co. v. Trustees of the Village of CanandaiguaAppellate Division of the Supreme Court of the State of New York · 1897
- Kimball v. Success Mining Co.Utah Supreme Court · 1910
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