American Exchange National Bank v. Woodlawn Cemetery
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Woodlawn Cemetery, from a judgment of .the Supreme Court m favor of the plaintiff for $47,890.74, entered in the office of the clerk of the. county of Eew Tork on the 7th day of June, 1906, upon the report of á referee, to whom it was referred to hear, try and determine the issues. •
1Opinion of the Court
Laughlin, J.:
Plaintiff obtained and held as collateral to the indebtedness of one Caleb B. Knevals to it three certificates of shares purporting to have been issued by the defendant, which had been fraudulently diverted by Knevals while he was its vice-president and “ Comptroller or Chief Executive Officer.” This action was brought upon the theory that the certificates were void, on the ground that they constituted an unauthorized over issue of shares, but that plaintiff, as an innocent holder, is entitled to recover the damages it has sustained on the ground that they were caused by the…
2Cases cited15 opinions
- Knox v. Eden Musee Americain Co.New York Court of Appeals · 1896
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- Eaton, Cole Burnham Co. v. . AveryNew York Court of Appeals · 1880
- Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
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3Cited by7 opinions
- Sherwood Memorial Gardens, Inc. v. CommissionerUnited States Tax Court · 1964
- Hudson Trust Co. v. . American Linseed Co.New York Court of Appeals · 1922
- Rand v. Hercules Powder Co.New York Supreme Court · 1927
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- In re BenselAppellate Division of the Supreme Court of the State of New York · 1911
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