Porter v. . Parks
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendants entered upon an order of file court at circuit directing a nonsuit. The action was for the conversion of fifty shares of the stock of the Eew York Central Railroad Company. Plaintiff owned and held the certificate for the stock.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendants entered upon an order of file court at circuit directing a nonsuit. The action was for the conversion of fifty shares of the stock of the Eew York Central Railroad Company. Plaintiff owned and held the certificate for the stock. She executed a blank assignment and power of attorney to transfer indorsed thereon, and delivered the same to William 0. Porter to be used by him as a margin or security in stock transactions. He arranged with defendants to…
1Opinion of the CourtAllen, J.
There was evidence upon which the jury might have found, not only that the Hew York Central stock was the property of the plaintiff, and was placed by her brother, as a “ margin,” or a security to cover any balance that might be due from him to the defendants upon his dealings in stock with and through them as his brokers, but that the defendants at the time of the hypothecation of the stock had notice and knowledge of the plaintiff’s ownership. It is true, there was evidence in conflict with the testimony of W. 0. Porter on that subject, but it was for the jury to determine where the truth…
2Cases cited2 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Stearns v. MarshNew York Supreme Court · 1847
3Cited by8 opinions
- Lovejoy v. Merchants' State BankNorth Dakota Supreme Court · 1896
- Moore v. RodewaldAppellate Division of the Supreme Court of the State of New York · 1911
- Buffalo German Insurance v. Third National BankAppellate Division of the Supreme Court of the State of New York · 1898
- Curtis v. ThomsonNew York Supreme Court · 1937
- Jacobs v. National Bank of Far RockawayNew York Supreme Court · 1939
3 more not listed; retrieve them via the Exa API.