Roach v. . Duckworth
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made at the Hay term, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This action was brought to restrain the collection of certain judgments. The material facts are stated in the opinion. Hr.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made at the Hay term, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This action was brought to restrain the collection of certain judgments. The material facts are stated in the opinion. Hr. Duckworth held the bonds as collateral to the loan, and only such amount as was realized on the sale of the collateral would apply toward the liquidation of the loan. (Young v. Stahelin, 34 N. Y. 258 ; Duden v.…
1Opinion of the CourtEarl, J.
In April, 1873, the defendant’s testator, Isaac, loaned to the .¿Etna Iron Works, a corporation formed in this State, under the General Manufacturing Act of 1848, the sum of §6,000. In October thereafter, Birdsall Cornell, who was one of the trustees of the corporation, for the purpose of inducing the defendant to forbear the payment of his claim for the §6,000, delivered to him six bonds of the corporation of the par value of $6,000, dated in March, 1873, and due in March, 1874, to be held by him as collateral security for his claim. The bonds so pledged were valid bonds of the corporation,…
2Cases cited2 opinions
- Bryan v. . BaldwinNew York Court of Appeals · 1873
- Lansing v. EddyNew York Court of Chancery · 1814
3Cited by11 opinions
- Gins v. Mauser Plumbing Supply Co.Court of Appeals for the Second Circuit · 1945
- Morgan v. . HedstromNew York Court of Appeals · 1900
- First Trust & Deposit Co. v. PotterNew York Supreme Court · 1935
- Johnson v. WinslowNew York Supreme Court · 1935
- Allgeier v. Gordon & Co.New York Supreme Court · 1939
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