In re Dickinson
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. In the matter of the general assignment for the benefit of creditors by Charles I I. Dickinson, as sole surviving partner of Beers & Owens, to William D. Gaillard.
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Appeal from Special Term, New York County. In the matter of the general assignment for the benefit of creditors by Charles I I. Dickinson, as sole surviving partner of Beers & Owens, to William D. Gaillard. From an order of the Special Term (156 N. Y. Supp. 238), denying his motion for an order requiring the assignee of the stock brokerage copartnership firm of Beers & Owens to deliver to him 300 shares of Interborough Metropolitan common stock upon terms proposed by him, petitioner, Edmund F. Harding, appeals. Order reversed, and motion granted.
1Opinion of the CourtLaughlin, J.
[1] The relation of customer and brokers existed between appellant and the firm of Beers & Owens. At the time of the assignment, the brokers held for appellant, and as security for any balance of account owing to them, 300 shares of Interborough Metropolitan common stock. There is, and can be, no doubt that the petitioner is entitled to the return of the stock on payment of the balance of account, for the certificates have been identified as belonging to petitioner, and no one else claims them. Gorman v. Littlefield, 229 U. S. 19, 33 Sup. Ct. 690, 57 L. Ed. 1047. The sole question presented…
2Cases cited11 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Gorman v. LittlefieldSupreme Court of the United States · 1913
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Stearns v. MarshNew York Supreme Court · 1847
- Wood v. . FiskNew York Court of Appeals · 1915
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