Rapp v. Smith

Appellate Division of the Supreme Court of New York

Rapp v. Smith

262 A.D. 707, 27 N.Y.S.2d 993, 1941 N.Y. App. Div. LEXIS 9063

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

DecidedMay 2, 1941

StatusPublished

This text of 262 A.D. 707 (Rapp v. Smith) 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

Rapp v. Smith, 262 A.D. 707, 27 N.Y.S.2d 993, 1941 N.Y. App. Div. LEXIS 9063 (N.Y. Ct. App. 1941).

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Opinion

so far as appealed from, unanimously modified by granting the motion to strike out paragraphs “ Tenth ” to “ Eighteenth,” inclusive, of the reply, pursuant to rule 103 of the Rules of Civil Practice, except so much of paragraph “ Eighteenth ” as alleges: “ Upon information and belief, that with full knowledge of all the matters relating to the cause of action set forth in the complaint, and the proceedings taken thereunder, the defendant elected to allow the claim of Mary E. Smith for the conversion by the deceased, George Edmund Smith, of fifty shares of preferred stock of the Royal Typewriter Company, Inc., belonging to her,” and as so modified affirmed, with twenty dollars costs and disbursements to the defendant. No opinion. Present — O’Malley, Townley, Glennon, Untermyer and Cohn, JJ.

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so far as appealed from, unanimously modified by granting the motion to strike out paragraphs “ Tenth ” to “ Eighteenth,” inclusive, of the reply, pursuant to rule 103 of the Rules of Civil Practice, except so much of paragraph “ Eighteenth ” as alleges: “ Upon information and belief, that with full knowledge of all the matters relating to the cause of action set forth in the complaint, and the proceedings taken thereunder, the defendant elected to allow the claim of Mary E. Smith for the conversion by the deceased, George Edmund Smith, of fifty shares of preferred stock of the Royal Typewriter Company, Inc., belonging to her,” and as so modified affirmed, with twenty dollars costs and disbursements to the defendant. No opinion. Present — O’Malley, Townley, Glennon, Untermyer and Cohn, JJ.

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Bluebook (online)

262 A.D. 707, 27 N.Y.S.2d 993, 1941 N.Y. App. Div. LEXIS 9063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rapp-v-smith-nyappdiv-1941.