Johnson v. First National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The First National Bank of Franklin, N.. Y., from a judgment of the Supreme Court in favor of the plaintiff, entered -in the -office of the clerk of the county of Delaware on the 4th day of May, 1908, upon the verdict of a jury, and also from -an order entered in said clerk’s office on the 20-th day of April, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, P. J.:
This action is brought to recover the value of five shares of stock of the Delaware National Bank of Delhi, claimed to have been converted by the defendant. This stock was held by the defendant as collateral to- a note signed by Robert T. Johnson, the plaintiff’s father, and dated July 30, 1902. In 1891 the said Johnson had *525borrowed from the defendant bank a sum of $550, .and had given as collateral to- a note made to secure the loan ten shares of the stock of the Delaware National Bank. Thereafter the Delaware National Bank failed and an assessment was made of fifty per cent on…
2Cases cited4 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Cary v. . WhiteNew York Court of Appeals · 1873
- Edwards v. . DooleyNew York Court of Appeals · 1890
- Breed v. National BankAppellate Division of the Supreme Court of the State of New York · 1901