Flynn v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frahk Sullivan Smith, 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 6th day of July, 1905, upon the verdict of a jury rendered by direction of the court after a trial at the ¡New York Trial Term, and also from an order entered in said clerk’s office on the 12th day of July, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is an action for the conversion of ten shares of the capital stock of the Crocker-Wheeler Electric Company. One Alfred W. Law owned the stock and had pledged the same to Henry Marquand & Co., stockbrokers, as collateral security to his account as their customer speculating-in stocks on margins. The. brokers made a general assignment for the benefit of creditors to the defendant. Their books showed that Law was indebted to them in the stun of . $4,120.28. The defendant as such assignee duly advertised and sold the claim at public auction. It was purchased for $10 by one…
2Cases cited5 opinions
- Moffett, Hodgkins & Clarke Co. v. RochesterSupreme Court of the United States · 1900
- Werner v. RawsonSupreme Court of Georgia · 1892
- Crowe v. . LewinNew York Court of Appeals · 1884
- Brown v. LamphearSupreme Court of Vermont · 1862
- Smith v. MackinNew York Supreme Court · 1871
3Cited by3 opinions
- City of New York v. Dowd Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1910
- In re the Estate of ClarkAppellate Division of the Supreme Court of the State of New York · 1931
- McFarland v. SalernoAppellate Division of the Supreme Court of the State of New York · 2007