Merchants' Bank of Canada v. Livingston
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts appear sufficiently in the opinion. Plaintiff had sufficient notice to put it on inquiry. (Holbrook v. N. J. Zinc Co., 57 N. Y., 623; Angle v. N. W. Mut. L. Ins.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts appear sufficiently in the opinion. Plaintiff had sufficient notice to put it on inquiry. (Holbrook v. N. J. Zinc Co., 57 N. Y., 623; Angle v. N. W. Mut. L. Ins. Co., 92 U. S. R., 342.) Defendant Livingston could reclaim the certificate from any one but a bona fide holder, without notice. (Ballard v. Burgett, 40 N. Y., 314; Bush v. Lathrop, 22 id., 535;…
1Opinion of the CourtEarl, J.
This is an action to foreclose a pledge of certain shares of stock in the Adams Express Company.
Some time prior to January, 1875, the defendant, Livingston, being the owner of 100 shares of such stock, delivered the certificate thereof to the defendant, Barrett, to secure a loan from him of about $3,000. In January, 1875, Barrett took the certificate of stock to one Watson, the resident manager of the plaintiff, in the city of New York, and told him that he wanted to get a loan of $8,000, from the plaintiff, upon the stock represented by the certificate, for one of his clients, who did not…
2Cases cited2 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Bonito v. Mosquera & Co.The Superior Court of New York City · 1858
3Cited by9 opinions
- Moores v. Citizens' Nat. Bank of PiquaSupreme Court of the United States · 1884
- East Birmingham Land Co. v. DennisSupreme Court of Alabama · 1888
- Taliaferro v. First National BankCourt of Appeals of Maryland · 1889
- Talmage v. . Third Nat'l B'k of City of N.Y.New York Court of Appeals · 1883
- Keller v. Eureka Brick Machine Manufacturing Co.Missouri Court of Appeals · 1890
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