Harding v. Gaillard
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Edmund F. Harding, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of December, 1915, denying his motion for an order requiring the assignee for the benefit of creditors of the stock brokerage copartnership firm of Beers & Owens to deliver to him 300 shares of Interborough Metropolitan common stock upon the terms proposed by him.
1Opinion of the Court
Laughun, J. :
The relation of customer and brokers existed between appellant and the firm of Beers & Owens. At the time of the assignment the brokers held for appellant, and as security for any balance of account owing to them, 300 shares of Inter-borough Metropolitan common stock. There is, and can be, no doubt that the petitioner is entitled to the return of the stock on payment of the balance of account, for the certificates have been identified as belonging to petitioner, and no one else claims them. (Gorman v. Littlefield, 229 U. S. 19.) The sole question presented by the appeal is, what…
2Cases cited9 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Gorman v. LittlefieldSupreme Court of the United States · 1913
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Stearns v. MarshNew York Supreme Court · 1847
- Wood v. . FiskNew York Court of Appeals · 1915
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3Cited by3 opinions
- Harding v. GaillardAppellate Division of the Supreme Court of the State of New York · 1917
- Harding v. GaillardNew York Supreme Court · 1916
- In re the General Assignment for the Benefit of Creditors of Wolff Industrial Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1935