Union Trust Co. v. . Oliver
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 10, 1913, upon an order reversing a judgment in favor of defendant, appellant, entered upon a dismissal of the complaint as to him by the court on trial at an Equity Term and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 10, 1913, upon an order reversing a judgment in favor of defendant, appellant, entered upon a dismissal of the complaint as to him by the court on trial at an Equity Term and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. The voting trust certificate was not a negotiable instrument, and the respondent took it subject to all the legal and equitable rights of the appellant. (Knox v. Eden Musee…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is a suit to foreclose a pledge. The thing pledged was an instrument known to bankers and brokers as a voting trust certificate. It certified that on July 1, 1913, B. A. Adams would be entitled to receive a certificate or certificates for one hundred full paid shares of one hundred dollars each in the capital stock of the Rochester and Lake Ontario Water Company, and in the meantime to receive payments equal to the dividends, if any, which should be collected by the voting trustees upon a like number of such shares of capital stock of the corporation standing in…
2Cases cited6 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- National Safe Deposit, Sav. & Trust Co. of DC v. HibbsSupreme Court of the United States · 1913
- Knox v. Eden Musee Americain Co.New York Court of Appeals · 1896
- Russell v. American Bell Telephone Co.Massachusetts Supreme Judicial Court · 1902
- Bonnette v. . MolloyNew York Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Casey v. . KastelNew York Court of Appeals · 1924
- People's Trust Co. v. . SmithNew York Court of Appeals · 1915
- Peckinpaugh v. H. W. Noble & Co.Michigan Supreme Court · 1927
- Appleton v. . City of New YorkNew York Court of Appeals · 1916
- Hiller v. American Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1949
25 more not listed; retrieve them via the Exa API.