Legal Opinion

Breese v. Graves

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 6 opinions

Appeal by the plaintiff, Sidney B. Breesé, as administrator with the will annexed of Catherine H. Graves, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 21st day of Hay, 1901, upon the verdict of a jury adjudging that the defendants were owners and entitled to retain possession of a certain.certificate for fifty shares of the capital stock of the Mew York State Banking Company of…

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Appeal by the plaintiff, Sidney B. Breesé, as administrator with the will annexed of Catherine H. Graves, deceased, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 21st day of Hay, 1901, upon the verdict of a jury adjudging that the defendants were owners and entitled to retain possession of a certain.certificate for fifty shares of the capital stock of the Mew York State Banking Company of Syracuse, M. Y., and also from an order entered in said clerk’s office on the 10th day of Hay, 1901, denying the…

1Opinion of the Court

Hiscock, J.:

This action was originally brought by the plaintiff as committee of Catherine H. Graves, who had been adjudged to be an incompetent person. Subsequently, she having died, he was appointed her administrator with the will annexed and as such substituted as plaintiff herein. The defendants are executors of the estate of Mathan F. Graves, who was the husband of said Catherine. The certificate of which recovery and possession are sought by plaintiff represented fifty shares of the capital stock of the Mew York State Banking Company worth about $7,000. It was issued in 1877 and the…

2Cases cited8 opinions

  1. Pope v. AllisSupreme Court of the United States · 1885
  2. Church v. . HowardNew York Court of Appeals · 1880
  3. Whiton v. . SnyderNew York Court of Appeals · 1882
  4. Daub v. EnglebachIllinois Supreme Court · 1884
  5. Davis v. . GallagherNew York Court of Appeals · 1891

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3Cited by6 opinions

  1. Vermeule v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1919
  2. In re the Estate of BradyAppellate Division of the Supreme Court of the State of New York · 1930
  3. Crouse v. JudsonNew York Supreme Court · 1903
  4. Strang v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1933
  5. Levy v. FriedmanAppellate Terms of the Supreme Court of New York · 1913

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