Equity Gas-Light Co. v. McKeige
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday in May, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to compel defendant to surrender a certificate of stock issued by plaintiff.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday in May, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to compel defendant to surrender a certificate of stock issued by plaintiff. It appeared that on August 21, 1889, plaintiff, having entered into a construction contract with George F. Work, Louis E. Pfeiffer and John J. MacFarlane, issued to its president the certificate in suit, which it was agreed should…
1Opinion of the Court
Andrews, Ch. J.
The contract upon which the certificate ■of stock was placed in the hands of the defendant, as bailee, was never performed by Work, Pfeiffer and Macfarlane, and upon the facts found the plaintiff was entitled to a return of the certificate. The only defense which the defendant urges in answer to the claim of the plaintiff for the surrender of the certificate is that a judgment against him in this action will not conclude Work, Pfeiffer and Macfarlane in any suit they may hereafter bring against him as bailee. The fact that a party may possibly be subjected to a double recovery…
2Cited by2 opinions
- Burleigh v. BevinNew York Supreme Court · 1897
- Travellers' Insurance v. HealeyNew York Supreme Court · 1894