Ogden v. . Lathrop
New York Court of Appeals
Appeal by defendant from the judgment of the General Term of the Superior Court of the city of Hew Tort in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment upon a verdict. (Reported below, 3 J. & S., 73.) The action was to recover for the alleged wrongful conversion of fifty shares of the capital stock of the Columbian Insurance Company.
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Appeal by defendant from the judgment of the General Term of the Superior Court of the city of Hew Tort in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment upon a verdict. (Reported below, 3 J. & S., 73.) The action was to recover for the alleged wrongful conversion of fifty shares of the capital stock of the Columbian Insurance Company. On the 30th day of December, 1865, the plaintiff borrowed of the defendant $2,500 and gave his note for the same at four months. At the same time, to secure the payment of the sum thus borrowed, he executed…
1Opinion of the Court
Earl, C.
I will assume, without any examination, that plaintiffs claim, if he has any, for the sale of his stock on the 3d day of January, 1866, is against the defendant, and it will be necessary therefore only to determine the rights of the defendant under the instrument dated December 30, 1865, pledging the stock. That instrument was given as collateral security to a note at four months for $2,500 borrowed of defendant, and although the loan might have been called in under that instrument by a notice of one week, yet it was manifestly expected by the parties that it should run for the full…
2Cases cited2 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Stearns v. MarshNew York Supreme Court · 1847
3Cited by5 opinions
- Richardson v. ShawSupreme Court of the United States · 1908
- Warfield v. AdamsMassachusetts Supreme Judicial Court · 1913
- Commonwealth v. AlthauseMassachusetts Supreme Judicial Court · 1910
- Presser v. Central Trust & Savings Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Corstorphine v. Bishop National Bank of HawaiiHawaii Supreme Court · 1935