Warner v. Cecil
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Manhattan, seventh district, dismissing the complaint upon motion at the trial upon the ground that the court had no jurisdiction of the subject matter of the action.
1Opinion of the CourtPage, J.
The complaint alleges that the defendant was the owner of sixteen shares of stock of the Westinghouse Air Brake Company, and for a valuable consideration assigned to the plaintiff his right, title and *22interest therein to the extent of $300, or for three-eighths of the sixteen shares. It then states that the defendant sold the stock without authority from or notice to the plaintiff and appropriated the proceeds to his own use, and that the plaintiff demanded of the defendant the sum of $300, or in lieu thereof the delivery to her of shares of the said stock of $300 value and that the defendant…
2Cases cited5 opinions
- Osborn v. . SchenckNew York Court of Appeals · 1880
- Gates v. . BowersNew York Court of Appeals · 1901
- Brown v. BurnapAppellate Division of the Supreme Court of the State of New York · 1897
- Lawatsch v. CooneyNew York Supreme Court · 1895
- Hayes v. KerrAppellate Division of the Supreme Court of the State of New York · 1899