Legal Opinion

Cousland v. Davis

The Superior Court of New York City

Decided October 28, 1859Published

The defendant moves to vacate an order made in this action October 11th, 1859, requiring him to be held to bail in the sum of $13,000. The action is trover to recover the value of 260 shares of the stock hereinafter mentioned. i The plaintiffs, June 21st, 1859, gave to defendant their note at three months for- $2,500, and on the 18th of July,. 1859-, their further note at three months for $4,000. They deposited with the defendant on giving the first note, and as security for…

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The defendant moves to vacate an order made in this action October 11th, 1859, requiring him to be held to bail in the sum of $13,000. The action is trover to recover the value of 260 shares of the stock hereinafter mentioned. i The plaintiffs, June 21st, 1859, gave to defendant their note at three months for- $2,500, and on the 18th of July,. 1859-, their further note at three months for $4,000. They deposited with the defendant on giving the first note, and as security for its payment, 100. shares of “American Bank Note Company Stock,” with authority to sell it without notice on failure to…

1Opinion of the Court

Bosworth, Ch. J.

The defendant moves to vacate an order made the 11th October, 1859, requiring him to be held to bail in the sum of $13,000.

The action is brought to recover damages for the wrongful conversion by the defendant of 260 shares of the capital stock of the American Bank Note Company, and which are alleged to be worth $13,000, and to have then belonged to the plaintiffs.

The affidavits show that the defendant has hypothecated or sold 260 shares of such stock, which at the time were the property of the plaintiffs. If the defendant received these shares from the plaintiffs as security…

2Cases cited3 opinions

  1. Schroeppel v. CorningNew York Supreme Court · 1848
  2. Jordan v. JordanNew York Supreme Court · 1831
  3. Bedell v. SturtaThe Superior Court of New York City · 1857

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