Legal Opinion · Concurrence

Leitch v. . Wells

New York Court of Appeals

Decided May 5, 1872Published

Appeal by the defendant Henry Wells from judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment of Special Term in favor of the plaintiffs.

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Appeal by the defendant Henry Wells from judgment of the General Term of the Supreme Court in the fifth judicial district, affirming a judgment of Special Term in favor of the plaintiffs. The action was brought in September, 1864, by the plaintiffs, children of Catharine K. Leitch, deceased, to compel a transfer by the defendant to them of 107 shares of the capital stock of the Tompkins County Bank, and 73 shares of the capital stock of the Bank of Syracuse, of the par value of $100 per share, and for an account and payment of the dividends received thereon. The complaint alleged…

1Concurrence

The stocks in question do not appear to have belonged to Daniel Kellogg in his lifetime. They belonged to George F. Leitch, who transferred them to the executors in 1847 and 1849. In May, 1850, the executors were ordered to transfer all the assets of the estate of Daniel Kellogg to Leavenworth, who was appointed receiver. In October of the same year they did transfer all the assets to the receiver, excepting and reserving a certain fund of $25,000, consisting of shares of capital stock in the Tompkins County Bank, amounting to $12,700, and shares of capital stock in the Bank of Syracuse,…

2Cases cited11 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
  3. White v. CarpenterNew York Court of Chancery · 1830
  4. Murray v. BlatchfordCourt for the Trial of Impeachments and Correction of Errors · 1828
  5. Hayden v. BucklinNew York Court of Chancery · 1842

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