Keleher v. O. Edwin Barnes, Inc.

Appellate Division of the Supreme Court of New York

Keleher v. O. Edwin Barnes, Inc.

236 A.D. 760

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

DecidedSeptember 15, 1932

StatusPublished

Cited by7 cases

This text of 236 A.D. 760 (Keleher v. O. Edwin Barnes, Inc.) 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.

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Keleher v. O. Edwin Barnes, Inc., 236 A.D. 760 (N.Y. Ct. App. 1932).

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Opinion

Judgment reversed on the law and the facts, with costs, and judgment directed for plaintiff, with costs, and the ease remitted to Special Term for Trials to take proof as to the value of the stock converted. Plaintiff was entitled to notice of the sale of the securities pledged. The sale without such notice constituted a conversion of plaintiff’s stock. (Lien Law, § 201; 21 R. C. L. 690; 49 C. J. 999; Jones Collateral Securities [3d ed.], § 609, p. 731; Toplitz v. Bauer, 161 N. Y. 325, 331; Content v. Banner, 184 id. 121; Smith v. Craig, 211 id. 456, 459.) Findings of fact and conclusions of law inconsistent with this decision are reversed and new findings and conclusions will be made. Lazansky, P. J., Kapper, Hagarty, Scudder and Davis, JJ., concur. Settle order on notice.

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Judgment reversed on the law and the facts, with costs, and judgment directed for plaintiff, with costs, and the ease remitted to Special Term for Trials to take proof as to the value of the stock converted. Plaintiff was entitled to notice of the sale of the securities pledged. The sale without such notice constituted a conversion of plaintiff’s stock. (Lien Law, § 201; 21 R. C. L. 690; 49 C. J. 999; Jones Collateral Securities [3d ed.], § 609, p. 731; Toplitz v. Bauer, 161 N. Y. 325, 331; Content v. Banner, 184 id. 121; Smith v. Craig, 211 id. 456, 459.) Findings of fact and conclusions of law inconsistent with this decision are reversed and new findings and conclusions will be made. Lazansky, P. J., Kapper, Hagarty, Scudder and Davis, JJ., concur. Settle order on notice.

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236 A.D. 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keleher-v-o-edwin-barnes-inc-nyappdiv-1932.

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