Richardson v. . Emmett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 1901, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 1901, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The state of the proof was such that the admission of any illegal evidence upon the issue of delivery, or the rejection of any legal evidence upon the question of intent, demands a reversal of the judgment. (Heinemann v. Heard, 62 N. Y. 448; Conklin v. Conklin, 30 Hun, 278; Jones v. Perkins, 29 App. Div.…
1Opinion of the Court
Parker, Ch. J.
This controversy directly involves about the sum of $10,000, being the surplus resulting from a sale by the Atlantic Trust Co. of 200 shares of the capital stock of the Rew York, Lackawanna and Western Railroad Co. held by it as security for a loan made to Joseph Richardson, now deceased, whose personal representatives these plaintiffs are. The defendant Emmett, claiming to be the owner of these shares, demanded such surplus of the Atlantic Trust Co., which company being sued by the plaintiffs for the money, successfully moved the court to substitute the present defendant in its…
2Cases cited2 opinions
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- Simmons v. . HavensNew York Court of Appeals · 1886
3Cited by23 opinions
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- Jones v. . ReillyNew York Court of Appeals · 1903
- Jones v. WaldroupSupreme Court of North Carolina · 1940
- Jones v. . WaldroupSupreme Court of North Carolina · 1940
- Hutton v. . SmithNew York Court of Appeals · 1903
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