Delahunty v. Hake
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Philip Hake and others, from a judgment of the Supreme Court, in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of February, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office' on the 25th day of February, 1897, denying the' defendants’ motion for a new trial made upon the' minutes.
1Opinion of the Court
Parker, J.:
This action was brought to recover from the defendants possession of a certificate for thirty shares of stock of the Philip Hake Manufacturing Company, or, if possession could not be had, for the value thereof. The result of the trial was a judgment in favor of the plaintiff, the jury fixing the value of the stock at the sum of $2,250, *431When this action was before this court on a former appeal (10 App. Div. 230) the judgment was reversed on the ground that there was no proof of a demand, except during the time when the defendants’ possession was rightful, and hence its refusal to…
2Cases cited2 opinions
- Rider v. . PondNew York Court of Appeals · 1859
- Delahunty v. HakeAppellate Division of the Supreme Court of the State of New York · 1896