Gouert v. Mechanics & Metals National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maybelle D. Gouert, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 17th day of June, 1916, dismissing the complaint upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
Soott, J.:
Although there are a number of defendants in this action the only controversy is between two individuals who owned stocks and bonds which were in the hands of the stock brokerage firm of Stoppani & Hotchkin, and which were hypothecated by that firm with the defendant bank to secure advances. The firm failed and the bank foreclosed its lien upon the pledged securities. The plaintiff, not questioning as between herself and the bank the right of the latter to ■ resort to her securities, as well as to those of the defendant Fisher, to pay the indebtedness of the brokerage firm, contends…
2Cases cited5 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Tompkins v. Morton Trust Co.Appellate Division of the Supreme Court of the State of New York · 1904
- In re the Assignment of MillsAppellate Division of the Supreme Court of the State of New York · 1908
- Tompkins v. . Morton Trust CompanyNew York Court of Appeals · 1905
- Taylor v. . Bankers' Loan and Investment CompanyNew York Court of Appeals · 1908
3Cited by1 opinion
- Gouert v. Mechanics & Metals National BankAppellate Division of the Supreme Court of the State of New York · 1920