Legal Opinion

McHenry v. . Jewett

New York Court of Appeals

Decided October 10, 1882PublishedCited by 65 opinions

Appeal from order of the General Term of the Supreme Court, in the first judicial department, made February 3,1882, which affirmed an order of General Term, granting a preliminary injunction herein.

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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made February 3,1882, which affirmed an order of General Term, granting a preliminary injunction herein. (Reported below, 26 Hun, 453.) The complaint herein, after alleging facts showing plaintiff’s title to certain shares of the stock of the Cleveland, Columbus, Cincinnati and Indianapolis Railway Company, which were pledged as security for a loan, and were transferred on the books of the company to defendant as trustee for the pledgee, also alleging that an accounting was pending to determine the…

1Opinion of the Court

Andrews, Ch. J.

The complaint shows that the plaintiff is pledgor of shares of railroad stock transferred on the books of the company to the defendant as trustee for the pledgee, and the action is brought to restrain the defendant from voting upon the shares at the meetings of stockholders, which it is alleged he has heretofore done, and claims the right to do in the future by reason of his title and right as trustee of the stock. The order from which this appeal is taken, granted a temporary injunction restraining the defendant, pendente lite, from voting on the shares. We think the…

2Cases cited2 opinions

  1. Allen v. . MeyerNew York Court of Appeals · 1878
  2. Corporation of New York v. MapesNew York Court of Chancery · 1822

3Cited by65 opinions

  1. James v. Board of EducationNew York Court of Appeals · 1977
  2. Thomas v. Musical Mutual Protective UnionNew York Court of Appeals · 1890
  3. Selchow v. . BakerNew York Court of Appeals · 1883
  4. Wormser v. . BrownNew York Court of Appeals · 1896
  5. Brass v. . RathboneNew York Court of Appeals · 1897

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