In re Kiamie
New York Surrogate's Court
1Opinion of the Court
Henderson, S.
This is a discovery proceeding.
The executor charges that the respondent, the Colonial Trust Company (hereinafter called the “ bank ”), is liable for the conversion of certain shares of stock consisting of all the outstanding shares of the stock of four real estate corporations.
This stock with other collateral had been pledged with the bank by the decedent herein to secure a loan, evidenced by his note in the sum of $26,000 which became due on October 23,1933.
The provisions of the note with respect to the sale of the pledged property were as follows: “ Upon the non-payment of this…
2Cases cited18 opinions
- Hiscock v. Varick Bank of New YorkSupreme Court of the United States · 1907
- Heiman v. BishopNew York Court of Appeals · 1936
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Stearns v. MarshNew York Supreme Court · 1847
- In re MertensCourt of Appeals for the Second Circuit · 1906
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3Cited by3 opinions
- General Phoenix Corp. v. CabotNew York Court of Appeals · 1949
- In re the Estate of KiamieNew York Surrogate's Court · 1958
- In re the Estate of KiamieAppellate Division of the Supreme Court of the State of New York · 1954