Barnard v. Childs

Appellate Division of the Supreme Court of New York

Barnard v. Childs

241 A.D. 905

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1934

StatusPublished

This text of 241 A.D. 905 (Barnard v. Childs) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnard v. Childs, 241 A.D. 905 (N.Y. Ct. App. 1934).

Pincite

Opinion

Judgment affirmed, with costs. All concur, except Sears; P. J., who dissents and votes for reversal on the ground that there was evidence to the effect that it was agreed between the Investors’ Underwriting Corporation and the plaintiff to the knowledge of the defendants that the securities and cash credited to the Investors’ Underwriting Corporation should remain the property of the plaintiff so that the plaintiff might demand the return thereof subject at all times to the lien of defendants and that, therefore, a prima facie case was established.

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Judgment affirmed, with costs. All concur, except Sears; P. J., who dissents and votes for reversal on the ground that there was evidence to the effect that it was agreed between the Investors’ Underwriting Corporation and the plaintiff to the knowledge of the defendants that the securities and cash credited to the Investors’ Underwriting Corporation should remain the property of the plaintiff so that the plaintiff might demand the return thereof subject at all times to the lien of defendants and that, therefore, a prima facie case was established.

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Bluebook (online)

241 A.D. 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnard-v-childs-nyappdiv-1934.