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In re Cohn

Supreme Court of New York
187 App.Div. 392 (1919)


Facts

Leopold Cohn was a partner in a family firm and was entitled to shares of stock held in the name of the firm. On his wife’s birthday, Cohn presented his wife a note stating that his birthday gift to her was five hundred shares of his stock entitlement. At the time of the gift, Cohn had never held actual possession of the stock certificates, which were stored in a safe deposit box belonging to the family firm. Cohn told his wife, as overheard by family members, that he would give her the actual stock certificates as soon as he was able. Cohn died six days after his wife’s birthday and was never able to deliver the actual stock certificates. The probate court awarded the stock shares to Cohn’s wife. Other family members with interests in Cohn’s estate appealed the judicial settlement decree.

Rule of Law

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Issue

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Holding and Reasoning (Shearn, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Page, J.)

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