Legal Opinion

Fisher v. Mechanics & Metals National Bank

New York Supreme Court

Decided March 15, 1915PublishedCited by 6 opinions

Action, by a customer of a stockbroker’s firm against defendant bank for the return of certain securities pledged as collateral to bank loan.

1Opinion of the CourtShearn, J.

Plaintiff, a customer of a stockbroker’s firm, with whom he had pledged as his margin on a *589speculative account certain certificates of stock indorsed in blank and unregistered bonds, sues the defendant bank, with whom the brokers had in turn pledged the securities as collateral to a bank loan, for the return of the securities on the ground that the brokers, who had subsequently become bankrupt, had broken the original pledge by fraudulent representations. The brokers and the bank’s assignee of certain of the securities and the general assignee of the bankrupt firm are joined as defendants.

The…

2Cases cited4 opinions

  1. McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
  2. People v. . DumarNew York Court of Appeals · 1887
  3. Talcott v. Standard Oil Co.Appellate Division of the Supreme Court of the State of New York · 1912
  4. Green v. GriggAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by6 opinions

  1. Mason v. Public National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1941
  2. Nicholson v. MorganCity of New York Municipal Court · 1922
  3. Swift v. DavisNew York Supreme Court · 1922
  4. Gouert v. Mechanics & Metals National BankNew York Supreme Court · 1916
  5. Gouert v. Mechanics & Metals National BankAppellate Division of the Supreme Court of the State of New York · 1920

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