Barrowcliffe v. Cummins
New York Supreme Court
Appeal from special term, New York county. Action by Alice M. Barrowcliffe against Henry Cummins and George D. Roberts, to recover certificates of 700 shares of capital stock of the ElectroGraphic Manufacturing Company, with the dividends declared thereon. She claimed title as assignee of Charles B. Hall, who owned and held 7,000 or 8,000 shares of this stock, and had loaned the same to defendant Cummins, and taken his negotiable receipts or “due-bills” therefor.
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Appeal from special term, New York county. Action by Alice M. Barrowcliffe against Henry Cummins and George D. Roberts, to recover certificates of 700 shares of capital stock of the ElectroGraphic Manufacturing Company, with the dividends declared thereon. She claimed title as assignee of Charles B. Hall, who owned and held 7,000 or 8,000 shares of this stock, and had loaned the same to defendant Cummins, and taken his negotiable receipts or “due-bills” therefor. Two of these receipts were assigned to plaintiff, representing 700 shares, for a valuable consideration. Cummins refused to account…
1Opinion of the CourtBartlett, J.
The defendants sought to interpose a supplemental answer, alleging the rendition of a judgment after the commencement of this action, which determined the matters in controversy between the parties to this suit, or a portion of such matters. In opposition to the motion, the judgment roll in the action referred to in the proposed supplemental answer was produced and read; and the application was denied, for the reason that the issues involved in the other case were not the game as those involved herein, and because there was no such privity between the plaintiff in that case and the plaintiff…
2Cited by2 opinions
- Jones v. GouldNew York Supreme Court · 1907
- Muller v. FerryNew York Supreme Court · 1889