Legal Opinion

In re the Assignment of Mills

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

Decided May 8, 1908PublishedCited by 10 opinions

Appeals by Edward Warren Henck and others from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 2d day of March, 1908, directing Edward Harding, as assignee, to sell certain securities held by him and to distribute the proceeds.

1Opinion of the Court

McLaughlin, J.:

Sometime prior to the 22d of August, 1907, the appellant Beach left with the firm of Mills Brothers & Co. for safekeeping certain certificates of stock, indorsed in blank, among which was a certificate for 300 shares of the common stock of the United States Steel Company. On the day named Mills Brothers & Go. made a general assignment for the benefit of creditors. There was then outstanding against the firm a loan payable to the Colonial Bank of Mew York, which, with interest, amounted to $35,004.86, and as collateral security for its payment the firm had pledged certain…

2Cases cited3 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. Tompkins v. Morton Trust Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. Tompkins v. . Morton Trust CompanyNew York Court of Appeals · 1905

3Cited by10 opinions

  1. Ream v. McCreaCourt of Appeals for the Ninth Circuit · 1923
  2. Nicholson v. MorganCity of New York Municipal Court · 1922
  3. Wright v. BlankCourt of Appeals for the Ninth Circuit · 1927
  4. Smith v. Staten Island Land Co.Appellate Division of the Supreme Court of the State of New York · 1916
  5. In re StringerDistrict Court, E.D. New York · 1916

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