REYNOLDS v. SNOW


10 A.D.2d 101 (1960)

John J. Reynolds et al., Respondents, v. Judith Snow et al., as Administratrices of The Estate of Lillian R. Schwamm, Deceased, and of The Estate of Harvey L. Schwamm, Deceased, Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 15, 1960.


Attorney(s) appearing for the Case

Frank A. Fritz of counsel (Anthony T. Antinozzi and Frank A. Fritz, Jr., with him on the brief; Bleakley Platt Walker Hart & Fritz, attorneys), for appellants.

Ben Herzberg of counsel (Alvin H. Schulman with him on the brief; Hays, Sklar & Herzberg, attorneys), for respondents.


BREITEL, J. P.

After trial before the court without a jury, plaintiffs recovered judgment impressing a constructive trust on 14,000 shares of the American Trust Company and directing that such shares be delivered to plaintiffs upon the payment by them of the acquisition cost of such shares. Defendants appeal, contending that the decision was against the weight of the credible evidence and that there was error...

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