BORNSCHEUER v. LYBCO, INC.


33 A.D.2d 1020 (1970)

Lillian Bornscheuer, Individually, and as a Stockholder of Lybco, Inc., Respondent, v. Lybco, Inc., Defendant, and Chester Bornscheuer, Appellant

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

February 2, 1970


Judgment reversed insofar as appealed from, on the law and the facts, with costs; plaintiff's first cause of action dismissed; and judgment granted to defendant Bornscheuer, upon his counterclaim, that he is, and at all times in question was, the sole beneficial owner of the shares of stock in question.

In our opinion, the evidence did not make out a completed gift of the corporate stock in question to plaintiff. The mere issuance of the certificate in plaintiff's...

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