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HARTFORD ACCIDENT & INDEM. CO. v. WALSTON & CO., INC.

22 N.Y.2d 672 (1968)

Hartford Accident and Indemnity Company, Appellant, v. Walston & Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided July 2, 1968.

Attorney(s) appearing for the Case

Joseph A. Kilbourn for appellant.

David S. Konheim for respondent.

Judges BURKE, SCILEPPI, KEATING and JASEN concur in memorandum; Chief Judge FULD and Judges BERGAN and BREITEL dissent and vote to affirm on the dissenting opinion by Judge BREITEL upon the original appeal (, 229).

MEMORANDUM.

Upon reargument, we adhere to our original determination that Walston did not acquire good title to the certificates in question since they were not transferred in compliance with former section 162 of the Personal Property Law. Since the transfer did not comply with the above-mentioned section Walston is not protected by former sections 166 and 168 of the Personal Property Law and its defense of good faith does...

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