Kent v. Fisk
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Rosey T. Kent, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Essex on the 13th day of December, 1911, upon the decision of the court, rendered after a trial at the Clinton Special Term, sustaining the defendants’ demurrer to the complaint and dismissing the said complaint.
1Dissent
Houghton, J. (dissenting):
I think the demurrer to the complaint was properly sustained on the ground that the plaintiff is not entitled to maintain her action in its present form.
The complaint clearly states a cause of action for the recovery of chattels, and it is not claimed that it states any kind of an equitable cause of action. The demand for judgment is for the possession of the securities mentioned, or in case delivery of them cannot be had, for their value. The complaint alleges that the plaintiff is the absolute owner and entitled to the immediate possession of the securities and…
2Cases cited5 opinions
- Seaward v. . DavisNew York Court of Appeals · 1910
- Scofield v. . WhiteleggeNew York Court of Appeals · 1872
- Sinnott v. . FeiockNew York Court of Appeals · 1901
- National Bank of Deposit v. RogersAppellate Division of the Supreme Court of the State of New York · 1896
- Haas v. AltieriNew York Court of Common Pleas · 1893