St. Nicholas Insurance v. Howe
The Superior Court of New York City
Exceptions ordered at the trial, to be heard in the first instance, at general term. This action was brought to recover the sum of $301.25, and interest thereon, alleged to be due to the plaintiffs, on the following grounds, viz: one hundred and forty-six shares of the capital stock of the plaintiffs, stood in the tiame of the defendant.
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Exceptions ordered at the trial, to be heard in the first instance, at general term. This action was brought to recover the sum of $301.25, and interest thereon, alleged to be due to the plaintiffs, on the following grounds, viz: one hundred and forty-six shares of the capital stock of the plaintiffs, stood in the tiame of the defendant. Certificates for the whole number in different parcels, had been issued to him, and the plaintiffs had his receipts therefor, signed by him. One of those certificates being for forty-six shares, was held by the Knickerbocker Bank, as security for the payment…
1Opinion of the CourtBy the Court. Woodruff, J.
—It is shown by receipts produced on the trial signed by the defendant himself, that he actually received certificates for one hundred and forty-six shares of the stock of the plaintiffs. His own testimony *455shows, that, although he relied upon the promise of M. H. Mott, that he “would take care of it for” him, i. e., would take care of the number of shares exceeding eighty, yet, that he did in truth consent to the subscription therefor by Mott in his name, or sanctioned it after it was done, and the same having been subscribed, certificates were issued by the plaintiffs, and the defendant…
2Cases cited4 opinions
- Forsyth v. GansonNew York Supreme Court · 1830
- Miller v. WatsonNew York Supreme Court · 1830
- Stewart v. EdenNew York Supreme Court · 1804
- Gourley v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1825