Fosdick v. Green
Ohio Superior Court, Cincinnati
Writ of error to Special Term, to reverse a judgment there in favor of the plaintiff below. William Green was the plaintiff below, and filed his petition on January 16, 1869, setting forth two causes of action, as follows: First.
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Writ of error to Special Term, to reverse a judgment there in favor of the plaintiff below. William Green was the plaintiff below, and filed his petition on January 16, 1869, setting forth two causes of action, as follows: First. The plaintiff alleged that he owned 109 shares, of $50 each, of the capital stock of the Marietta and Cincinnati Railroad Company, a body corporate under the laws of Ohio, and that said shares bore interest at the rate of eight per cent, per annum, and said shares, with the interest accrued thereon, were worth, on January 1, 1856, the sum of $3,084.50, That the said…
1Opinion of the CourtHagans, J.
This action is founded on two agreements, one of which is as follows:
“Borrowed of Wm. Green, Esq., one hundred and nine shares ($5,450) of the capital stock of the Marietta and Cincinnati Railroad Company, returnable on demand, with interest on said stock at the rate of eight per cent, per annum from the 1st of February last.’
“ June 1,1856. „ Samuel Fosdick.”
On which there is a memorandum, viz :
“109 S. — $5,450
111 S.— 5,550
$11,000
293.33 — 4 mos. int. at 8 per cent.
25.94 — marginal int.
$ll,319.27 — or $6,225.60.”
The other agreement is as follows:
*545“ Borrowed of ¥m. Green, Esq., certificate for…
2Cases cited20 opinions
- Bristol v. BurtNew York Supreme Court · 1810
- Robinson v. Noble's AdministratorsSupreme Court of the United States · 1834
- Romaine v. . Van AllenNew York Court of Appeals · 1863
- Scott v. . RogersNew York Court of Appeals · 1864
- Thrall v. Estate of MeadSupreme Court of Vermont · 1868
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