Ford v. Snook

Citation148 N.E. 732,240 N.Y. 624
PartiesThomas P. FORD et al., Doing Business under the Firm Name of Ford & Enos, Appellants, v. Clinton SNOOK, Respondent.
Decision Date05 May 1925
CourtNew York Court of Appeals

OPINION TEXT STARTS HERE

Appeal from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department (205 App. Div. 194, 199 N. Y. S. 630), entered May 22, 1923, reversing a judgment in favor of plaintiffs entered upon a verdict directed by the court and granting a new trial. The action was to recover the amount of a dividend on stocks sold by plaintiffs for defendant's account. Defendant delivered the stock to plaintiffs for sale March 18, and it was sold on that day. Prior thereto a dividend had been declared on the stock payable on the 1st day of April to holders of stock shown by the books at the close of business on March 20. The stock was not transferred on the books until after that date and defendant received the dividend. The Appellate Division held that it was his property and that plaintiffs could not recover.Oliver D. Burden, of Syracuse, for appellants.

D. Charles O'Brien, of Syracuse, for respondent.

PER CURIAM.

Order affirmed, and judgment absolute ordered against appellants on the stipulation, with costs in all courts.

HISCOCK, C. J., and POUND, McLAUGHLIN, CRANE, and ANDREWS, JJ., concur.

CARDOZO and LEHMAN, JJ., dissent.

To continue reading

Request your trial
28 cases
  • Bank of N.Y. Mellon v. Gordon
    • United States
    • New York Supreme Court — Appellate Division
    • March 27, 2019
    ...11th ed 2008]; see Matter of Findlay, 253 N.Y. 1, 11, 170 N.E. 471 ; Ford v. Snook, 205 App.Div. 194, 198, 199 N.Y.S. 630, affd 240 N.Y. 624, 148 N.E. 732 ).B. Standing In this case, Gordon contends that the Supreme Court should not have awarded the plaintiff summary judgment on the complai......
  • Rosenblatt v. St. George Health & Racquetball Assocs., LLC
    • United States
    • New York Supreme Court — Appellate Division
    • April 30, 2014
    ...[Farrell 2008], citing Matter of Findlay, 253 N.Y. 1, 11, 170 N.E. 471;Ford v. Snook, 205 App.Div. 194, 198, 199 N.Y.S. 630,affd.240 N.Y. 624, 148 N.E. 732;Matter of Condon, 124 Misc. 845, 846, 208 N.Y.S. 797 [Sur.Ct., Kings County] ). Had the plaintiff argued in opposition to Eastern Athle......
  • Union & New Haven Trust Co. v. Watrous
    • United States
    • Connecticut Supreme Court
    • June 13, 1929
    ...state of New York and not by the rule of the Stock Exchange. The Court of Appeals affirmed this decision without opinion. Ford v. Snook, 240 N.Y. 624, 148 N.E. 732. reaching its conclusion the court added: " When a dividend has been declared out of the earnings of a corporation, such divide......
  • Stuart v. Sargent
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • July 5, 1933
    ...Y. 483;Hopper v. Sage, 112 N. Y. 530, 20 N. E. 350,8 Am. St. Rep. 771;Ford v. Snook, 205 App. Div. 194, 199 N. Y. S. 630, affirmed 240 N. Y. 624, 148 N. E. 732. See, also, Nutter v. Andrews, 246 Mass. 224, 227, 142 N. E. 67; Ward v. Blake, 247 Mass. 430, 433, 142 N. E. 52;Anderson v. Bean, ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT