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Jones v. Beaver National Bank

214 N.Y. 619 Court N.Y. Decision date 1915-02-02 English

Contents

Majority

p. 619
John B. Jones, Respondent, v. Beaver National Bank, Appellant.
(Argued January 19, 1915;
decided February 2, 1915.)

Headnote

Jones v. Beaver Nat. Bank, 160 App. Div. 929 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 30, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover a proportionate share in the distribution of the assets of the Beaver National Bank in liquidation. The plaintiff claimed that he was .the owner and holder of ninety fully paid shares of stock in the Beaver Bank, and by virtue of . and on the basis of such ownership was entitled to share
p. 620
in the distribution of the assets in liquidation. The defendant in its answer set up a denial of the ownership in the plaintiff of ninety fully paid shares of stock, counterclaiming and alleging that the ninety shares referred to by the plaintiff were ninety shares issued to one S. A. McCartney, on which there was due and payable to the bank fifty-five dollars a share, with accrued interest.
Saul J. Baron for appellant.
Manton W. Wyvell, Charles O. Maas and Joseph N. Tuttle for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Miller, Cardozo and Seabury, JJ.