Petty v. Emery
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William S. Petty, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 11th day of March, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
*37Judgment affirmed, with costs, on opinion of court below, with leave to plaintiff to amend on payment of costs in this court and in the court below.
Present — Patterson, O’Brien, Ingraham, McLaughlin and Hatch, JJ.
The following is the opinion of Clarke, J., delivered at Special • Term:
Clarke, J. :
The complaint alleges that in May, 1903, the defendant received from Willis B. Dowd, plaintiff’s assignor, a certificate for 250 shares of the common stock of the Smokeless Calorific Company, “as trustee, to hold and cancel said certificate upon the issuance to the said Willis B. Dowd of a new…
2Cases cited6 opinions
- Knapp v. . the City of BrooklynNew York Court of Appeals · 1884
- City of Buffalo v. . HollowayNew York Court of Appeals · 1852
- Van Schaick v. WinneNew York Supreme Court · 1852
- New York & Mount Vernon Transportation Co. v. TyrolerAppellate Division of the Supreme Court of the State of New York · 1898
- Phinney v. PhinneyNew York Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Nauss v. Nauss Bros.Appellate Division of the Supreme Court of the State of New York · 1921
- Blanchard Co. v. Rome Metallic Bedstead Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Fairchild v. LeoAppellate Division of the Supreme Court of the State of New York · 1912
4 more not listed; retrieve them via the Exa API.