Legal Opinion

McGrath v. Carnegie Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 26, 1915PublishedCited by 3 opinions

Appeal by the defendants, Carnegie Trust Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of March, 1911, upon the decision of the court after a trial at the New York Special Term. The judgment decreed that the instrument sued upon be reformed, and that plaintiff have judgment upon it as so reformed.

1Opinion of the Court

Hotchkiss, J.:

Some time after the Carnegie Trust Company .failed, the Nineteenth Ward Bank became financially involved and borrowed a large amount of money from one Phipps, and as collateral security gave to him the notes it had received from Moore and the Merchants and Manufacturers Securities Company, aggregating $110,000, and which notes are more particularly referred to in the opinion in the case of the Madison Trust Company against these same appellants. Subsequently Phipps transferred' the notes to the plaintiff. Although both of the foregoing transfers are attacked on this appeal and,…

2Cases cited1 opinion

  1. Madison Trust Co. v. Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915

3Cited by3 opinions

  1. Madison Trust Co. v. Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
  2. McGrath v. Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1916
  3. McGrath v. Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915

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