Walsh v. Sexton
New York Supreme Court
ACTION to recover the value of certain shares of the stock of the Chatham Bank, and. of the capital stock of the Third Avenue Railroad Company, and coupon bonds of the United States government, loan of 1861, left by the plaintiff’s testatrix, and conceded to have been her property at the time of her marriage with the defendant.
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ACTION to recover the value of certain shares of the stock of the Chatham Bank, and. of the capital stock of the Third Avenue Railroad Company, and coupon bonds of the United States government, loan of 1861, left by the plaintiff’s testatrix, and conceded to have been her property at the time of her marriage with the defendant. The defense set up in the answer was, that on or about the first day of April, 1865, Eliza Sexton, the plaintiff’s testatrix, then being sick of a fatal illness, and in expectation of her speedy decease, desiring to transfer to the defendant (who was then her husband)…
1Opinion of the Court
By the Court, Peckham, J.
Under the decisions of the court, which have been gradually but steadily advancing in that direction, I think the proof offered by the defendant should have been received, and that the justice at the circuit committed an error in its rejection.
He placed his rejection upon the sole ground that the title to the stocks in controversy could not pass without a writing. In principle, I think he was clearly right. But Lord Hardwicke, at an early day, sought to make a distinction as to a bond delivered without writing, which has been repudiated as unsound in principle, but…
2Cases cited1 opinion
- Westerlo v. . De WittNew York Court of Appeals · 1867
3Cited by11 opinions
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Grymes v. . HoneNew York Court of Appeals · 1872
- Allen-West Commission Co. v. GrumblesCourt of Appeals for the Eighth Circuit · 1904
- Leyson v. DavisMontana Supreme Court · 1895
- Herbert v. SimsonMassachusetts Supreme Judicial Court · 1915
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