Miller v. Carpenter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Reese Carpenter, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 25th day of May, 1901, upon the decision of the court rendered after a trial at the Westchester Special Term.
1Opinion of the Court
Jenks, J.:
The plaintiff complains that lie assigned certain stock to the defendant as collateral security for loans; that he tendered the debt and asked for the security, but that the defendant refused, saying that the plaintiff did not pledge the stock, but sold it to him. The plaintiff prays a judgment to restore the stock to him upon his *348payment of the charges of the defendant, and to enjoin the defendant from dealing, with- the stock as the owner thereof. The defendant answers that the transaction was a sale of the stock outright. The agreement between the parties was reduced - to two…
2Cases cited11 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Griswold v. HazardSupreme Court of the United States · 1891
- Haviland v. . WilletsNew York Court of Appeals · 1894
- Pechner v. . Phoenix Insurance Co.New York Court of Appeals · 1875
- Marsh v. . McNairNew York Court of Appeals · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Farmer v. A. D. Farmer & Son Type Founding Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Lipe v. Beech-Nut Packing Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Baird v. Erie RailroadNew York Supreme Court · 1911
- Miller v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1903
- Smith v. SwendsenIdaho Supreme Court · 1937
2 more not listed; retrieve them via the Exa API.