Weaver v. . Barden
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order reversing a judgment in favor of defendant (which was entered upon decision of the court at Special Term), and directing a judgment in favor of plaintiff. Action to compel a transfer of thirteen shares of the stock of the Knickerbocker Stage Company of Hew York. The facts sufficiently appear in the opinion.
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Appeal from, judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order reversing a judgment in favor of defendant (which was entered upon decision of the court at Special Term), and directing a judgment in favor of plaintiff. Action to compel a transfer of thirteen shares of the stock of the Knickerbocker Stage Company of Hew York. The facts sufficiently appear in the opinion. As the reversal was not upon questions of fact, the court will not look behind the findings. (Morse v. Liverpool Ins. Co., 35 N. Y., 664; Baldwin v. Van Duzer, 38 id.,…
1Opinion of the Court
The plaintiff furnished the consideration for the transfer of the shares of stock from Finch, the original owner, the same having been made in satisfaction of a debt due him from the assignor. The stock was transferred into the name of a son of the plaintiff, who was also a son-in-law of the defendant, without the knowledge or consent of the plaintiff, who had no knowledge that the transfer had been made in that form until some time in 1864, long after the transfer by the son to the defendant. The son, at the time of the transfer by Finch, was, in the language of the report of the referee,…
2Cases cited17 opinions
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- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Padgett v. LawrenceNew York Court of Chancery · 1843
- Covill v. Hill & SanfordNew York Supreme Court · 1847
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3Cited by97 opinions
- Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881
- Cary v. . WhiteNew York Court of Appeals · 1873
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- Seymour v. . McKinstryNew York Court of Appeals · 1887
- Stevens v. . BrennanNew York Court of Appeals · 1879
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