Treadwell v. Clark
Appellate Division of the Supreme Court of the State of New York
Appear by the plaintiff, George A. Treadwell, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 10th day of July, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint at the close of the plaintiff’s case.
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Appear by the plaintiff, George A. Treadwell, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 10th day of July, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint at the close of the plaintiff’s case. The action is one brought in equity to recover possession or else the value of a certificate for 100 shares of stock of the United Verde Copper Company which had been pledged in London, England, with one Thomas as agent for E. Bennett, a tea…
1Opinion of the Court
O’Brien, J.:
The three principal questions presented are, (1) whether the plaintiff is entitled to equitable relief in his action as brought; (2) whether the defendants had notice of the claim of the plaintiff when the stock was transferred to them, and (3) whether the suit is barred by the Statute of Limitations.
It will be noticed that the complaint alleges that the defendant Thomas came into possession of the certificate wrongfully by taking it through the negligence, etc., of Bennett, whereas the inference from the evidence would be that Bennett had disapproved of the stock as security and…
2Cases cited5 opinions
- Knox v. Eden Musee Americain Co.New York Court of Appeals · 1896
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Cox v. . StokesNew York Court of Appeals · 1898
- Zebley v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Sheridan v. PresasAppellate Terms of the Supreme Court of New York · 1896
3Cited by4 opinions
- Treadwell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1906
- National Surety Co. v. Indemnity Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1933
- Union Trust Co. v. OliverNew York Supreme Court · 1912
- Townsend v. MeyersNew York Supreme Court · 1910