Dady v. O'Rourke
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John H. O’Rourke, from an order of the Supreme Court,, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of June, 1901, denying said defendant’s motion for an order fixing the sum in which the appellant should give a written undertaking to stay the execution of the judgment herein on appeal.
1Opinion of the Court
Willard Bartlett, J.:
The judgment in this action, from which the defendant O’Rourke has appealed, declares the contract between the plaintiff and the said defendant to be broken and rescinded on the part of such defendant and directs the other defendant, the Hamilton Trust Company, to deliver to the plaintiff 687 shares of the capital stock of the Hygienic Ice Company heretofore deposited by the plaintiff with the said trust company.
This is clearly a judgment directing the delivery of a document or of personal property within the meaning of section 1328 of the Code of Civil Procedure.
*466That…
2Cited by3 opinions
- Oleck v. PearlmanNew York Supreme Court · 1966
- Continental Bank & Trust Co. v. 898 West End Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1935
- State v. CarlsonSouth Dakota Supreme Court · 1916