Jones v. Merchants' Bank
The Superior Court of New York City
Appeal from a judgment .entered upon the report of a referee. The action was brought to recover the possession of certain shares of stock, or the value thereof.
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Appeal from a judgment .entered upon the report of a referee. The action was brought to recover the possession of certain shares of stock, or the value thereof. The defendants in their answer alleged, that the shares of stock and certificates thereof mentioned and described in the complaint, were duly deposited with and pledged to the defendants as collateral security for a certain loan of money, ($1915.04) duly made by the defendants to the plaintiff, and at his request, on or about the 4th day of February, 1854. For which loan the plaintiff executed and delivered his certain promissory…
1Opinion of the Court
Robertson, Oh. J.
The statement, in the complaint, of the mode in which the stock claimed by the plaintiff came into the hands of the defendants, with all its attendant circumstances, may be disregarded. The only question was the legal title to the possession of the stock, and that depended upon the payment of the debt for which it was pledged. It is admitted, in the case before us, that, in fact, it has not been paid; but it is claimed that a recovery for it being barred by the statute of limitations, the right of the defendants to hold such stock is gone. Such statute, however, is, in terms,…
2Cases cited14 opinions
- Ruggles v. KeelerNew York Supreme Court · 1808
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Heyer v. PruynNew York Court of Chancery · 1839
- Waltermire v. . WestoverNew York Court of Appeals · 1856
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
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3Cited by1 opinion
- Appeal of NixonSupreme Court of Pennsylvania · 1879