Legal Opinion

Rockwell v. Day

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

Decided July 1, 1903PublishedCited by 7 opinions

Appeal by the plaintiff, Susie Frances Rockwell, from an order-of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York bn the 17th day of April, 1903, granting the defendants’ motion to strike out as irrelevant certain portions of the plaintiff’s complaint.

1Opinion of the Court

Laughlin, J.:

The first cause of action alleged in the complaint, part of the allegations of which have been stricken out, is for the conversion by the defendants’ testator of 2,000 shares of the capital stock of the Broadway Rational Bank which it is alleged he had given to the plaintiff and she subsequently delivered to him to use temporarily.

For the purpose of showing the inducement and consideration for the gift of the stock by the testator to her and her loaning it to him, and the intention of the testator in transferring the record title to her and her intention in delivering the stock…

2Cases cited6 opinions

  1. Wooden v. StrewNew York Supreme Court · 1853
  2. Bogardus v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
  3. First Presbyterian Church v. KennedyAppellate Division of the Supreme Court of the State of New York · 1902
  4. Williams v. FolsomNew York Supreme Court · 1890
  5. Brown v. FishNew York Supreme Court · 1902

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Wayte v. Bowker Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1921
  2. Indelli v. LessterAppellate Division of the Supreme Court of the State of New York · 1909
  3. Fisk v. HobernAppellate Division of the Supreme Court of the State of New York · 1923
  4. Wolf v. Domestic Broadtail Producers, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
  5. Fingerhut v. WeinerCity of New York Municipal Court · 1933

2 more not listed; retrieve them via the Exa API.

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