Guinzburg v. H. W. Downs Co.
Massachusetts Supreme Judicial Court
Bill in equity, to establish the plaintiff’s ownership of stock in the defendant corporation. Trial in the Superior Court, before Richardson, J., who reported the case for the determination of this court, in substance as follows.
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Bill in equity, to establish the plaintiff’s ownership of stock in the defendant corporation. Trial in the Superior Court, before Richardson, J., who reported the case for the determination of this court, in substance as follows. On or about April 4,1892, the defendant corporation, which was organized under the laws of Massachusetts with a capital stock of $16,000, and had its usual place of business in Boston, for a valuable consideration, gave the I. B. Kleinert Rubber Company, a corporation established under the laws of New York, and having its usual place of business in New York City, the…
1Opinion of the CourtAllen, J.
A pledgee, on default in the payment of his debt, may sell the pledged property at public auction, giving to the *470pledgor notice of the time and place of sale. Washburn v. Pond, 2 Allen, 474. Union Cattle Co. v. International Trust Co. 149 Mass. 492, 501. But in making such sale he is bound to exercise reasonable skill and diligence in order to get the value of the property. Newsome v. Davis, 133 Mass. 343. Clark v. Simmons, 150 Mass. 357. This includes the fixing of a reasonable time and place of sale. Markham v. Jaudon, 41 N. Y. 235, 243. The facts reported in the present case are somewhat…
2Cases cited6 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Clark v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Metcalf v. WilliamsMassachusetts Supreme Judicial Court · 1887
- Learned v. GeerMassachusetts Supreme Judicial Court · 1885
- Union Cattle Co. v. International Trust Co.Massachusetts Supreme Judicial Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Abrams v. Factory Mutual Liability InsuranceMassachusetts Supreme Judicial Court · 1937
- Jose v. LymanMassachusetts Supreme Judicial Court · 1944
- Jennings v. MooreMassachusetts Supreme Judicial Court · 1905
- Winchester Rock & Brick Co. v. MurdoughMassachusetts Supreme Judicial Court · 1919
- Dibert v. WernickeCourt of Appeals for the Sixth Circuit · 1914
3 more not listed; retrieve them via the Exa API.