Cutting v. . Marlor
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department,-affirming a - judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 17 Hun, 573.) The nature of the action and the facts are set forth sufficiently in the opinion. The law of pledge must govern this case. (Markham v. Jandon, 41 K. Y., 242; Goggs v. Bernard, 2 Ld.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department,-affirming a - judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 17 Hun, 573.) The nature of the action and the facts are set forth sufficiently in the opinion. The law of pledge must govern this case. (Markham v. Jandon, 41 K. Y., 242; Goggs v. Bernard, 2 Ld. Eaym., 915; Coke Litt., 89a/ 4 Cow., 836; Story on Bailments, 333-338; Jenkins v. Nat. Village Bank, 58 Me., 275; Story on Bailments, 197; 2 Kent’s Com., 579.) Proof of some…
1Opinion of the Court
Church, Ch. J.
The action is to recover a loan by the Bankers and Brokers’ Association, a banking corporation, to _the defendant. The defendant admitted and offered to pay the amount of the loan, but demanded certain securities which had been "delivered as collateral security, and the plaintiff being unable to deliver them, the defendant seeks to counter-claim the amount of their value in this action. ‘The securities were taken from the bank by one Bonner, its president, and converted to his own use by hypothecating them in his own business as a stock dealer and broker, and the plaintiff…
2Cited by22 opinions
- Briggs v. SpauldingSupreme Court of the United States · 1891
- Preston v. PratherSupreme Court of the United States · 1891
- Ouderkirk v. Central National BankNew York Court of Appeals · 1890
- Grace v. Sterling, Grace & Co.Appellate Division of the Supreme Court of the State of New York · 1968
- Fisher v. ParrCourt of Appeals of Maryland · 1901
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