Legal Opinion

Tautphoeus v. Harbor & Suburban Building & Savings Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1904PublishedCited by 3 opinions

Appeal by the plaintiff, Christopher Tautphoeus, from an order 'of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of April, 1904, vacating a judgment in favor of the plaintiff theretofore entered in this.action and setting aside an execution issued thereon and a levy made thereunder.

1Opinion of the Court

McLaughlin, J.:

The plaintiff appeals from'an order vacating a judgment, setting aside an execution issued thereon and a levy made thereunder.

The defendant is a domestic corporation and the action is brought to recover upon a certificate of ten shares of its guaranteed six per cent stock. The complaint alleges that the certificate sued upon is a duplicate of one of the same number issued on the-3d day of February, 1897; that the original, upon its purchase by the plaintiff j was surrendered to the defendant and the one sued on issued in its place.; that the duplicate so issued was, by an…

2Cases cited2 opinions

  1. New York Life Insurance v. Universal Life InsuranceNew York Court of Appeals · 1882
  2. Shorer v. Times Printing & Publishing Co.New York Court of Appeals · 1890

3Cited by3 opinions

  1. Blenderman v. J. R. Bellis Co.Appellate Terms of the Supreme Court of New York · 1909
  2. Caminez v. Sussman Bros.Appellate Division of the Supreme Court of the State of New York · 1910
  3. Fifth-Third National Bank v. Hudson Refrigerator Co.Appellate Terms of the Supreme Court of New York · 1915

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