Collins v. Steuart
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James L. Stenart, 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 1st day of August, 1895, upon the report of a referee.
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Appeal by the defendant, James L. Stenart, 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 1st day of August, 1895, upon the report of a referee. The plaintiff in the above-entitled action was the widow of Walter S. Collins, under whose will she was given the household goods, etc., and one-half of the testator’s real and personal estate in lieu of dower; the other half of his estate, real and personal, was given to his living children and the legal representatives of any deceased child. By an instrument found…
1DissentIngraham, J.
I cannot concur in the disposition of this case by my associates.. The opinion of the court states that the first question “ then is, can this action be maintained against the defendant individually.” .It seems to me that the first and only question in the case is, can this action be maintained to foreclose the lien of the plaintiff on the securities mentioned in the transfer or pledge made by Collins, whereby he substituted those securities in place of the bonds of the plaintiff that 'he had misappropriated by pledging them as security for his note ? Assuming that by that transfer or…
2Cases cited2 opinions
- Briggs v. . OliverNew York Court of Appeals · 1877
- Toronto General Trust Co. v. Chicago, Burlington & Quincy RailroadNew York Court of Appeals · 1890