International Packaging Corp. v. Marshall
Civil Court of the City of New York
1Opinion of the CourtRichard W. Wallace, J.
This corporation’s replevin action has bestirred itself from the ashes of an executive suite romance, and among the erstwhile embers remain questions concerning the application of the “ Dead Man’s Statute ” and the necessity of a prior demand for return of the chattels before seizure in exercise of the provisional remedy.
The male partner to the affair, now deceased (“ decedent ”), was at all pertinent times prior to his death, the president of the corporate plaintiff (“ International ”). Defendant, the lady in the case, counterclaims that by way of gift she acquired ownership of some $7,500…
2Cases cited16 opinions
- Employers' Fire Insurance v. CottenNew York Court of Appeals · 1927
- O'Connor v. . Virginia Passenger Power Co.New York Court of Appeals · 1906
- Ely v. . EhleNew York Court of Appeals · 1850
- Cohen v. M. Keizer, Inc.Appellate Division of the Supreme Court of the State of New York · 1936
- Universal Credit Co. v. LowellRochester City Court · 1938
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3Cited by2 opinions
- Tepper v. TannenbaumNew York Supreme Court · 1976
- Rochester Gas & Electric Corp. v. Chatterton, New York County Courts1975