Brady v. Mount Morris Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward B. Brady, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 20th day of March, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of March, 1901, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J. :
This action was brought to recover possession of a certificate for thirty shares of the capital stock of the East River Mill and Lumber Company, which was issued to one Homer J. Beaudet on August 28, 1889, and indorsed by him in blank on January 7, 1891. The plaintiff has never had possession of the certificate, but claims, title or the right of possession by virtue of an instrument executed by Mr. Beaudet, dated May 29, 1896, which purports to assign the certificate to the plaintiff as collateral security for a debt. It is averred in the complaint that the certificate was lost by…
2Cases cited3 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Mayor of New York v. Tenth National BankNew York Court of Appeals · 1888
- Seneca County Bank v. NeassNew York Supreme Court · 1848
3Cited by2 opinions
- Treadwell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1906
- Mitchell v. BoyerAppellate Division of the Supreme Court of the State of New York · 1914