People v. Mercer Hicks Corp.

Appellate Division of the Supreme Court of New York

People v. Mercer Hicks Corp.

284 A.D. 957, 135 N.Y.S.2d 119, 1954 N.Y. App. Div. LEXIS 4218

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

DecidedNovember 23, 1954

StatusPublished

This text of 284 A.D. 957 (People v. Mercer Hicks Corp.) 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

People v. Mercer Hicks Corp., 284 A.D. 957, 135 N.Y.S.2d 119, 1954 N.Y. App. Div. LEXIS 4218 (N.Y. Ct. App. 1954).

Pincite

Opinion

Unfortunately after a hearing in this matter certain facts essential to a determination of appellants’ claim have not been ascertained and on the record before us are not ascertainable. The matter must, therefore, be remitted to Special Term to trace the source of deposits made in the bank account at the time of and after the deposit of appellants’ funds and to identify the recipients of the subsequent withdrawals. Specific findings are required as to these items and a responsive determination of appellants’ claim should then be made by Special Term. Order unanimously modified and the matter remitted to Special Term for further proceedings in accordance with the above memorandum.' Settle order on notice. Present — Peck, P. J., Callahan, Breitel, Bastow and Bergan, JJ.

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Unfortunately after a hearing in this matter certain facts essential to a determination of appellants’ claim have not been ascertained and on the record before us are not ascertainable. The matter must, therefore, be remitted to Special Term to trace the source of deposits made in the bank account at the time of and after the deposit of appellants’ funds and to identify the recipients of the subsequent withdrawals. Specific findings are required as to these items and a responsive determination of appellants’ claim should then be made by Special Term. Order unanimously modified and the matter remitted to Special Term for further proceedings in accordance with the above memorandum.' Settle order on notice. Present — Peck, P. J., Callahan, Breitel, Bastow and Bergan, JJ.

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Bluebook (online)

284 A.D. 957, 135 N.Y.S.2d 119, 1954 N.Y. App. Div. LEXIS 4218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mercer-hicks-corp-nyappdiv-1954.