Newington v. Ramsay

This is a renewal, “ on the basis of new and additional facts ”, of a motion for summary judgment, previously denied by Mr. Justice Saypol.

The complaint credits defendant with $10, alleged to have been received by plaintiff on the sale of certain stock pledged with plaintiff as collateral for the notes sued upon. The pleading alleges that “ plaintiff sold the said shares ” and that $10 was ‘ ‘ the highest price which plaintiff could then and there obtain for the aforesaid shares ”. In denying the prior motion, the court said that it was not clear whether plaintiff had sold the stock to…