Chester v. Buffalo Car Manufacturing Co.
New York Court of Appeals
Appeal by plaintiff from that part of a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 15, 1904, tvliich affirms a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal by plaintiff from that part of a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 15, 1904, tvliich affirms a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. Appeal by defendants from that part of said judgment which affirms an order of Special Term modifying the judgment of the trial court by adding a provision thereto directing the manner of distribution of a certain fund on deposit with the Fidelity Trust Company. The nature of the action and the facts, so far as…
1Opinion of the CourtBartlett, J.
This action has been twice tried by the court without a jury. On the first trial judgment for plaintiff was reversed on appeal, the Appellate Division handing down a prevailing and dissenting opinion (70 App. Div. 443). The second trial resulted in a judgment for defendants dismissing the complaint on the merits, which was affirmed by the Appellate Division on authority of the decision of the first appeal.
The plaintiff, George T. Chester, individually claims under the will of his father, Thomas Chester, to be the owner of three hundred and fifteen shares of the capital stock' of the Buffalo…
2Cases cited4 opinions
- Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Heath v. New York Building Loan Banking Co.New York Court of Appeals · 1895
- Chester v. Buffalo Car Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Heath v. New York Building Loan Banking Co.New York Supreme Court · 1895
3Cited by12 opinions
- Herpe v. . HerpeNew York Court of Appeals · 1919
- Hydraulic Power Co. v. Pettebone-Cataract Paper Co.Appellate Division of the Supreme Court of the State of New York · 1921
- In re the Estate of CroninNew York Surrogate's Court · 1932
- People ex rel. Pullman Co. v. GlynnAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Judicial Settlement of the Account of KentNew York Surrogate's Court · 1915
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