Cook v. Eaton
New York Supreme Court
This was an appeal by the defendant from orders made at a special term, granting and continuing an injunction. The facts are set forth in the opinion of the court.
1Opinion of the Court
By the Court, Mitchell, J.
The complaint in this cause alleged that a lease was held by one Howland, under a parol agreement, as security to Howland for money due to him by the plaintiff, and then for the benefit of the plaintiff; that Howland received the amount due to him, and assigned the lease to the Eagle Eire Company to be held by like parol agreement as security to the company, and then for the benefit of the plaintiff; that the plaintiff arranged verbally with the defendant Eaton that he, Eaton, should take an assignment of the lease, absolute on its face, and give his bond and…
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