Guardian Trust Co. v. Peabody
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Guardian Trust Company of Hew Yoik, from a judgment of the Supreme Court in .favor of the defendant, -entered in the office of the clerk of the county of Hew York on the 7th day of March, 1907, upon the-report of a referee dismissing the complaint .upon the merits.
1Dissent
McLaughlin, J. (dissenting):
I am unable to agree with the other members of the court that the judgment appealed from should be affirmed. I am of the opinion that ■ the written agreement signed by the plaintiff, the typewriter company and the subscribers should be read iuto the notes, and as I understand the opinion of Mr. Justice Houghton, he has reached the same conclusion. If this be done, then the words, “ subject to agreement,” etc. relate not only to the deposit of shares of stock, but to every provision of the notes. The written words in the notes referring to the agreement were…
2Cases cited9 opinions
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- Kitching v. . BrownNew York Court of Appeals · 1905
- Western New York Life Insurance v. ClintonNew York Court of Appeals · 1876
- Madison Square Bank v. PierceNew York Court of Appeals · 1893
- Roblee v. Union Stock Yards National BankNebraska Supreme Court · 1903
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