Bryan v. Baldwin
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 the decision of the court, upon trial at circuit, without a jury. TMs action was brought upon a promissory note.
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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 the decision of the court, upon trial at circuit, without a jury. TMs action was brought upon a promissory note. After setting forth the note, and the deposit as collateral security for its payment of 2,000 shares of the capital stock of the New York Guano Company, the complaint alleged a sale of the collaterals for $1,928.57, and application thereof upon the note, and asked judgment for the balance. The answer admitted the making of the note…
1Opinion of the CourtGrover, J.
The complaint alleges that the plaintiff had sold the stock and applied the proceeds upon the note, as security for the payment of which he held the stock as pledgee. The answer admits this, and alleges that such sale was tortious, for the reason that it was made without a previous demand of payment of the note, and without notice to the defendant of the time and place of sale, and therefore claims that the plaintiff was liable for a conversion of the stock. The counsel for the appellant insists that the plaintiff was precluded by the pleadings from showing that he had not sold and disposed…
2Cases cited4 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Stearns v. MarshNew York Supreme Court · 1847
- People v. FloydNew York Court of Appeals · 1976
3Cited by1 opinion
- Western Insurance v. TobinOhio Supreme Court · 1877