247 A.D. 463 | N.Y. App. Div. | 1936
The written agreement of April 14, 1930, placed ownership of all the bonds in the defendant.
The title to the income from the bonds presents a different question. Defendant not only claimed at the trial, and claims here, that the agreement of April, 1930, is in all respects valid, but he
The judgment should be reversed on the law and facts and an interlocutory judgment granted, declaring defendant to be the owner of the bonds and plaintiff the owner of the bond income, and remitting the case to the Special Term for an accounting as to the bond income, to the end that final judgment be granted for the amount of such bond income, in favor of the plaintiff and against the defendant, without costs on this appeal to either party.
All concur, except Thompson, J., who dissents and votes for affirmance. Present — Sears, P. J., Taylor, Edgcomb, Thompson and Lewis, JJ.
Judgment reversed on the law and facts and interlocutory judgment granted, declaring defendant to be the owner of the bonds and plaintiff the owner of the bond income, and remitting the case to the Special Term for an accounting as to the bond income, to the end that final judgment be granted for the amount of such bond income, in favor of the plaintiff and against the defendant, without costs on this appeal to either party. Certain findings of fact and conclusions of law disapproved and reversed and new findings and conclusions made.