Cory v. Harte
New York Court of Common Pleas
Appeal from an order of the General Term of the City-Court of New York affirming an order of that court declaring priority of lien. The defendant employed one John F. Baker as his attorney to prosecute the plaintiff for alleged false and fraudulent representations in the sale of seventy-five shares of stock in the Cory Artificial Fuel Company. Baker sued the plaintiff, and the action is still pending.
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Appeal from an order of the General Term of the City-Court of New York affirming an order of that court declaring priority of lien. The defendant employed one John F. Baker as his attorney to prosecute the plaintiff for alleged false and fraudulent representations in the sale of seventy-five shares of stock in the Cory Artificial Fuel Company. Baker sued the plaintiff, and the action is still pending. Before its commencement he received from the defendant seventy-five shares of the stock of said company as security for his professional services. He subsequently, under an order of the City…
1Opinion of the CourtLarremore, J.
[After stating the facts as above.]— The main contention is that there was no formal transfer of the stock on the books of the company, and while this objection might avail as to third parties, the stock in question being a chose in action (as between the original parties) would pass by manual delivery (Weaver v. Barden, 49 N. Y. 286). The receiver acquired no other or better title than his assignor had, and took the property cum onere. The court below directed a reference to determine the amount of Baker’s lien upon said stock. I think the decision was right and that the' order appealed from…
2Cases cited2 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- McFarland v. WheelerNew York Supreme Court · 1841
3Cited by2 opinions
- Kysor Industrial Corp. v. D. M. Liquidating Co.Michigan Court of Appeals · 1968
- Okyle v. Highbridge Family Laundry Service, Inc.New York Supreme Court · 1942