Work v. Tibbits
New York Supreme Court
Appeal from special term, New York county. Action by Frank Work and others against Dudley Tibbits and others to foreclose a lien on certain stocks. From a judgment in favor of plaintiffs for $4,538.75, and adjudging that plaintiffs had a lien on certain securities pledged with them for counsel fees and other expenses incurred in resisting several actions at law brought to recover a portion of the securities or the value thereof, defendant Tibbits appeals.
1Opinion of the CourtParker, J.
This suit was brought to foreclose a lien on certain stocks pledged to the plaintiffs by Ogden, Calder & Co. There was found to be due the plaintiffs, under the contract of pledge, the sum of $34,930.07, which included $4,538.75, allowed for counsel fees and expenses incurred in certain litigations in relation to the stocks which were the subject of the pledge. The controversy on this appeal relates solely to the latter item. The defendant Tibbits, and not Ogden, Calder & Co., was the real owner of the stocks at the time the contract.of pledge was entered into; and in pledging the stocks as…
2Cited by4 opinions
- Smith v. Equitable Trust Co.Supreme Court of Pennsylvania · 1906
- New York Cent. & H. R. R. v. Bank of Holly SpringsCourt of Appeals for the Fifth Circuit · 1912
- Wolf v. American Trust & Savings BankCourt of Appeals for the Seventh Circuit · 1914
- Haas v. HaasCourt of Chancery of Delaware · 1956