FLECKENSTEIN v. NEHRBAS


21 A.D.2d 889 (1964)

Edward A. Fleckenstein, as Administrator D. B. N. of The Estate of Herbert T. Kerrigan, Deceased, Appellant, v. Harold A. Nehrbas et al., Respondents. In the Matter of The Estate of Herbert T. Kerrigan, Deceased. Edward A. Fleckenstein, as Administrator of The Estate of Herbert T. Kerrigan, Deceased, Appellant; Fireman's Fund Insurance Company, Respondent

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

July 9, 1964


Order affirmed, with $10 costs and disbursements.

In our opinion, whether the complaint states a cause of action predicated upon a theory of conversion or upon a theory of negligence, both of which find some support in its allegations, will depend upon the facts adduced upon trial, and particularly upon the facts as to the circumstances under which the decedent's name was written on the certificates of stock. The issues of fact which we held precluded the granting...

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