Jackson v. Twenty-Third Street Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of JSTew York, entered upon an order made January 5, 1881, which affirmed a judgment in favor óf plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 15 J. & S. 85.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of JSTew York, entered upon an order made January 5, 1881, which affirmed a judgment in favor óf plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 15 J. & S. 85.) The nature of the action and the material facts are stated in the opinion. There can be no gift of personal property without a delivery, The donee must acquire not only the possession, but the dominion of the property. (2 Kent’s Com. 439; Brink v. Gould, 7 Lans. 423; Irish v. Nutting, 47 Barb. 370; Hoble v. Smith, 2…
1Opinion of the CourtEarl, J.
The plaintiff, as executor of the will of Sidney A. Youmans, deceased, brought this action to compel the defendant to issue to him thirty shares of its capital stock, which the complaint alleged his testator Youmans, in his life-time, had purchased of the defendant. The defendant denied that Youmans had purchased the stock, and alleged that the stock was the property of Jacob Sharp. It was undisputed upon the trial that Sharp paid for the stock, but the claim of the plaint iff was that Sharp had given the stock to Youmans, and the sole controversy of law and fact upon the trial was whether a…
2Cited by44 opinions
- In Re the Accounting of Van AlstyneNew York Court of Appeals · 1913
- Vincent v. RixNew York Court of Appeals · 1928
- Telford v. PattonIllinois Supreme Court · 1892
- In re the Judicial Settlement of the Account of Proceedings of CohnAppellate Division of the Supreme Court of the State of New York · 1919
- Swan v. Swan'sSupreme Court of Virginia · 1923
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