Legal Opinion

Grymes v. . Hone

New York Court of Appeals

Decided March 26, 1872PublishedCited by 96 opinions

Appeal from judgment of the General Term of "the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon'the report of a referee. The action is brought to recover twenty shares of the stock of the Bank of Commerce of the city of Hew York, or its value, claimed by plaintiff as a gift mortis causa by Federal Vanderburgh, defendant’s testator. The facts sufficiently appear in the opinion.

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Appeal from judgment of the General Term of "the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon'the report of a referee. The action is brought to recover twenty shares of the stock of the Bank of Commerce of the city of Hew York, or its value, claimed by plaintiff as a gift mortis causa by Federal Vanderburgh, defendant’s testator. The facts sufficiently appear in the opinion. The referee directed judgment that defendant, as executor, permit the transfer of the twenty shares of stock "on the books of the bank, and, for that purpose,…

1Opinion of the CourtPeckham, J.

On the 19th August, 1867, the alleged donor being the owner of 120 shares of stock, included in one certificate; in the Bank of Commerce of Kew York city, m,ade an absolute assignment in writing, transferable on the books of the bank on the surrender of the certificate, under seal and witnessed, of twenty shares thereof to this plaintiff, his favorite granddaughter, for value received, as the assignment purports, and appointed her his attorney irrevocable to sell and transfer the same to her use. After this paper had been signed, “ he kept it by him for awhile ” (how long, nowhere appears),…

2Cases cited8 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
  3. Hathaway v. . PayneNew York Court of Appeals · 1865
  4. Westerlo v. . De WittNew York Court of Appeals · 1867
  5. Craig v. TuckerSupreme Court of Pennsylvania · 1811

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3Cited by96 opinions

  1. Ridden v. . ThrallNew York Court of Appeals · 1891
  2. Allen-West Commission Co. v. GrumblesCourt of Appeals for the Eighth Circuit · 1904
  3. Baldwin v. CanfieldSupreme Court of Minnesota · 1879
  4. Devol v. DyeIndiana Supreme Court · 1890
  5. Thomas' Adm'r v. LewisSupreme Court of Virginia · 1892

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