| NY | Nov 28, 1939
Lead Opinion
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *834 Order affirmed, with costs, and questions certified answered in the affirmative. No opinion.
Concur: CRANE, Ch. J., HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: O'BRIEN, J. LEHMAN, J., concurs in the following memorandum:
Concurrence Opinion
Upon the record it appears that the defendants converted the stock and it does not conclusively appear whether the defendants profited by their own wrong. The rule of damages applied by the Appellate Division is, therefore, correct upon this record. I understand that we do not pass upon the correct rule of damages under circumstances that may be shown at the trial.