Legal Opinion

Chester v. Buffalo Car Manufacturing Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1902PublishedCited by 11 opinions

Appeal by the defendants, the Buffalo Car Manufacturing Company and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 5th day of July, 1901, upon the decision of the court rendered after a trial at the Erie Special Term.

1Opinion of the Court

Hiscock, J.:

The principal question involved upon this appeal is whether 300 shares of capital stock issued by the defendant car company in January, 1893, against an accumulated surplus, is to be regarded as a dividend and belonging to the life tenant under a will, or whether it *446is to be regarded as part óf the prinMpál of the estate and belonging to the remaindermen. There are other questions, but they are minor and incidental' to this one."

The learned trial justice has found Upon the issue above suggested in" favor of the life tenant and plaintiff "as her legatee and against the…

2Cases cited6 opinions

  1. Gibbons v. MahonSupreme Court of the United States · 1890
  2. Blood v. . KaneNew York Court of Appeals · 1892
  3. McLouth v. . HuntNew York Court of Appeals · 1897
  4. In Re the Final Accounting of KernochanNew York Court of Appeals · 1887
  5. Phelps v. . VischerNew York Court of Appeals · 1872

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. In Re the Accounting of OsborneNew York Court of Appeals · 1913
  2. Robertson v. de BrulatourAppellate Division of the Supreme Court of the State of New York · 1906
  3. Chester v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1906
  4. People ex rel. Pullman Co. v. GlynnAppellate Division of the Supreme Court of the State of New York · 1909
  5. Cabble v. CabbleAppellate Division of the Supreme Court of the State of New York · 1906

6 more not listed; retrieve them via the Exa API.

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