Hammerstein v. Equitable Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Oscar Hammerstein, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of February, 1913, overruling the plaintiff’s demurrers to separate defenses in an action of replevin.
1Opinion of the Court
Clarke, J.;
The complaint alleges that the defendant has become possessed of and now holds certificates for 3,998 shares of stock of the Hammerstein Amusement Company, which the plaintiff owns; that he has demanded possession thereof and been refused, and asks judgment for the possession thereof, or for $100,000 damages.
The first defense sets up that the plaintiff and Malvina Hammerstein intermarried about the 1th of December, 1819, and had two children, Rose Hammerstein Tostevin and Stella Viola Hammerstein; that about the 26th of January, 1910, when plaintiff and his said wife were then…
2Cases cited14 opinions
- Brown v. . SpohrNew York Court of Appeals · 1904
- Roe v. . VingutNew York Court of Appeals · 1889
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re MeekerNew York Surrogate's Court · 1929
- Yates v. YatesNew York Supreme Court · 1944
- Estate of SahlenderCalifornia Court of Appeal · 1948
- Moore v. MooreCourt of Appeals for the Third Circuit · 1919
- Bankers Trust Co. v. ToppingNew York Supreme Court · 1943
5 more not listed; retrieve them via the Exa API.