Middlebrook v. Merchants' Bank
New York Supreme Court
APPEAL from a judgment entered at a special term, after a trial at the circuit before the judge without a jury. The action was brought to compel the defendants to allow certain shares of its stock to be transferred to the plaintiff.
Read the full summary
APPEAL from a judgment entered at a special term, after a trial at the circuit before the judge without a jury. The action was brought to compel the defendants to allow certain shares of its stock to be transferred to the plaintiff. The judge found the following facts, viz: That Bobert Middlebrook, late a resident of the town of Trumbull, within the probate district of Bridgeport, in the county of Fairfield, and state of Connecticut, died at said Trumbull on or about the 15th day of May, 1861. That at the time of his death he was the owner of one hundred shares of the capital stock of the…
1Opinion of the CourtSutherland, J.
It is not necessary to examine or determine the question whether the personal estate of the testator, on his death, vested immediately in his executors, the plaintiff’s assignors, and before the will was proved, and they qualified as executors. The bank put its refusal to permit the transfer solely on the ground that letters testamentary, or of administration, had not been taken out in the state of New York. Before, the assignment to the plaintiff, and the refusal of the hank to permit the transfer to him under the power of attorney, the executors had exhibited to the officers of the hank…
2Cases cited1 opinion
- Parsons v. . LymanNew York Court of Appeals · 1859
3Cited by5 opinions
- Cushman v. Thayer Manufacturing Jewelry Co.New York Court of Appeals · 1879
- Cushman v. Thayer Manufacturing Jewelry Co.New York Court of Common Pleas · 1878
- Powers v. Universal Film Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Barlow v. MyersNew York Supreme Court · 1881
- Joy v. EltonNorth Dakota Supreme Court · 1900