McNeil v. Tenth National Bank
New York Supreme Court
THIS is an appeal from a judgment entered upon the report of a referee. The referee found as matters of fact: First. That in the month of September, 1866, the plaintiff was the owner of 134 shares, of $100 each, in the capital stock of the First National Bank of St. Johnsville, and at that time he was keeping an account with Charles Goodyear, George Goodyear, George G. Goodyear and Harvey Durand, parties doing business in the city qf Hew York, as bankers and brokers, under…
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THIS is an appeal from a judgment entered upon the report of a referee. The referee found as matters of fact: First. That in the month of September, 1866, the plaintiff was the owner of 134 shares, of $100 each, in the capital stock of the First National Bank of St. Johnsville, and at that time he was keeping an account with Charles Goodyear, George Goodyear, George G. Goodyear and Harvey Durand, parties doing business in the city qf Hew York, as bankers and brokers, under the firm name of Goodyear Brothers & Durand; and for the sole and only purpose of securing them for any balance on such…
1Opinion of the Court
By the Court, Potter, J.
If this case is to be decided upon the same principle of law as if it was depending between the plaintiff and the firm of Goodyear Brothers & Durand, its determination is simple and easy. Between those parties, the stock in question was given by the former and held by the latter as a pledge, for a contingent liability as to amount, and a pledge, in its nature, to whatever might be the amount of liability,» differing in *64no respect, as to the effect of the contract, from a pledge for a sum certain.
Goodyear & Co. had no authority, in fact or in law, to sell the stock…
2Cases cited6 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Herring v. . HoppockNew York Court of Appeals · 1857
- Wilson v. . LittleNew York Court of Appeals · 1849
- Crocker v. . CrockerNew York Court of Appeals · 1865
- Wait v. . GreenNew York Court of Appeals · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Heinbockle v. ZugbaumMontana Supreme Court · 1885
- Bostwick v. Dry Goods BankNew York Supreme Court · 1876
- Lindsley v. DiefendorfNew York Supreme Court · 1872
- Moore v. MillerNew York Supreme Court · 1872