Fifth Avenue Bank v. Forty-second Street & Grand Street Ferry Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 18, 1892, which overruled defendant’s exceptions and granted a motion for a new trial and ordered judgment in favor of plaintiff on a verdict directed by the court.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 18, 1892, which overruled defendant’s exceptions and granted a motion for a new trial and ordered judgment in favor of plaintiff on a verdict directed by the court. This was an action to recover damages because of defendant’s refusal to receive two certificates of stock, which purported to have been issued by it, and to transfer the stock represented by them to plaintiff and admit it as a shareholder in defendant’s corporation. The facts, so far a material, are…
1Opinion of the CourtMaynard, J.
In September, 1885, the plaintiff, a domestic banking corporation, loaned one Hofele fifteen thousand dollars upon his individual note payable in three months and secured by the pledge of an instrument which upon its face purported to be a certificate for one hundred sixty shares of stock of the defendant; a domestic railroad corporation having its office and principal place of business in the same city with the plaintiff. It was subsequently discovered that this certificate was spurious, and that the signature thereto of the defendant’s president had been forged by one Eben S. Alien, its…
2Cases cited3 opinions
- Tome v. Parkersburg Branch RailroadCourt of Appeals of Maryland · 1873
- Commonwealth v. Reading Savings BankMassachusetts Supreme Judicial Court · 1884
- Jarvis v. Manhattan Beach Co.New York Supreme Court · 1889
3Cited by36 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Gleason v. Seaboard Air Line Railway Co.Supreme Court of the United States · 1929
- Ricketts v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1946
- Davenport v. BurkeIdaho Supreme Court · 1917
- Lippes v. Atlantic BankAppellate Division of the Supreme Court of the State of New York · 1979
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