Read v. Brayton
New York Supreme Court
Appeal from special term, Erie county. Replevin by John J. P. Bead against Charles N. Brayton to recover possession of certain certificates of deposit in his possession under an order of the court of which he is clerk. From an order staying the prosecution of the action until certain interested parties are brought in, plaintiff appeals.
1Opinion of the CourtHaight, J.
It appears that the plaintiff deposited with the Marine Bank a sum of money for which it issued to him two certificates of deposit, and that he subsequently brought action against the bank to recover the amount thereof. Upon the trial one Rockwell was summoned by a subpoena duces tecum to produce the certificates. He appeared, and upon order of the court produced them, but claimed that they belonged to the estate of Elizabeth A. S. Rockwell, deceased, and that he held them as her personal representative. The court thereupon made an order that they be delivered to the clerk of the court, and…
2Cases cited7 opinions
- Walling v. . MillerNew York Court of Appeals · 1888
- Noe v. GibsonNew York Court of Chancery · 1839
- De Groot v. JayNew York Supreme Court · 1859
- Read v. . Marine BankNew York Court of Appeals · 1893
- Albany City Bank v. SchermerhornNew York Court of Chancery · 1843
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3Cited by1 opinion
- Kroner v. ReillyAppellate Division of the Supreme Court of the State of New York · 1900