191 A.D. 402 | N.Y. App. Div. | 1920
The action is brought to recover $4,000 on a claim assigned to the plaintiff by the Pensacola Fertilizer and Oil Company and one Hunger, its fiscal agent, for the purchase price of capital stock sold and delivered to one Kroder, whose estate the defendants represent, and for $5,000, being the purchase price of Interocean Marine and Navigation Company capital stock sold and delivered to Kroder by the plaintiff. The answer puts in issue the allegations of the complaint with respect to the sale and delivery of the stock- and the failure of the decedent to pay therefor.
It was conceded on the trial that the certificates of stock for which recovery is sought were found in the safe deposit box of decedent after his death and they were produced by his executors and put in evidence by the plaintiff. The decedent died on the 28th of September, 1918. The certificate for the stock in the Pensacola Company was issued in the name of the decedent on the 23d day of October, 1917, and
It follows that the judgment should be reversed and a new trial granted with costs to appellant to abide the event.
Clarke, P. J., Dowling and Merrell, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event.