Legal Opinion

Treadwell v. . Clark

New York Court of Appeals

Decided November 19, 1907PublishedCited by 31 opinions

Appeal from a judgment of the Appellate -Division of the Supreme Court in the first judicial department, entered July 17, 1906, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material are stated in the opinion. The cause of action herein, if ant, is not one cognizable in equity.

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Appeal from a judgment of the Appellate -Division of the Supreme Court in the first judicial department, entered July 17, 1906, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material are stated in the opinion. The cause of action herein, if ant, is not one cognizable in equity. Mo cause of action, in equity, to redeem a pledge or otherwise is presented by the pleadings or the evidence in this case. (Jacobson v. B. L. Co., 184 N. Y. 152; Roberts v. Ely, 113 N. Y. 132; Smith v. Bodine,…

1Opinion of the CourtGray, J.

This action was brought to redeem from the defendants’ possession one hundred shares of the capital stock of the United Verde Copper Company, which the plaintiff had pledged to secure an indebtedness and which, having been lost by, or taken from, the pledgee, eventually, was purchased by the defendant Clark. The plaintiff had judgment, entitling him to redeem the certificate for the shares upon payment of the amount of the indebtedness for which it was pledged and upon further making good to Clark the amount that he had paid for it. The judgment requires Clark to return, with the certificate,…

2Cases cited5 opinions

  1. Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
  2. Gilmore v. . HamNew York Court of Appeals · 1894
  3. Cox v. . StokesNew York Court of Appeals · 1898
  4. Zebley v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
  5. Roberts v. SykesNew York Supreme Court · 1859

3Cited by31 opinions

  1. Russell v. ToddSupreme Court of the United States · 1940
  2. Augustine v. SzwedAppellate Division of the Supreme Court of the State of New York · 1980
  3. De Long Corporation v. LucasDistrict Court, S.D. New York · 1959
  4. Hanover Fire Insurance v. Morse Dry Dock & Repair Co.New York Court of Appeals · 1936
  5. Beugger v. AshleyAppellate Division of the Supreme Court of the State of New York · 1914

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