Dupay v. Galbina
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendant, Frank J. Galbina, 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 14th day of June, 1919, on the verdict of a jury for $21,006.80, and also from an order entered in said clerk’s office on the 24th day of June, 1919, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Greenbaum, J.:
This action which has been pending since 1913 was brought for the alleged conversion by defendant of fifteen United States government three per cent coupon bonds of the par value of $1,000 each, which the plaintiff alleges were delivered for safekeeping to defendant in June, 1904.
The action was first tried in April, 1915, and resulted in a disagreement of the jury. The second trial was brought on during June, 1919, more than four years after the first trial, after defendant had moved to dismiss the action for failure to prosecute. (Dupay v. Galbina, 186 App. Div. 888.)
In 1896…
2Cases cited1 opinion
- Dupay v. GalbinaAppellate Division of the Supreme Court of the State of New York · 1918