Curtiss v. Teller
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harlow C. Curtiss, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 17th day of July, 1912, upon the verdict of a jury rendered by direction of the court on motion of the defendant, plaintiff also having moved for the direction of a verdict for the full amount claimed.
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Appeal by the plaintiff, Harlow C. Curtiss, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 17th day of July, 1912, upon the verdict of a jury rendered by direction of the court on motion of the defendant, plaintiff also having moved for the direction of a verdict for the full amount claimed. The judgment is appealed from in so far as it determines that the plaintiff is not entitled to a judgment of $14,000 and interest, as demanded in the complaint.
1Opinion of the Court
Kruse, P. J.:
The controversy is over 160 shares of Wood Products Company stock, or the proceeds of the sale thereof. The stock belonged to the plaintiff and was pledged as collateral security for the payment of a certain note made by him, for $15,000, dated January 8, 1904, payable three months after its date to his order and indorsed by him in blank. The note thus indorsed, together with the certificates for the stock assigned by the plaintiff in blank, was delivered by the plaintiff to one William T. Jebb, for the purpose, as he claimed, of raising money to put into a business venture. The…
2Cases cited5 opinions
- People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
- Fanning v. DunhamNew York Court of Chancery · 1821
- Smith v. . MarvinNew York Court of Appeals · 1863
- Seymour v. MarvinNew York Supreme Court · 1851
- Early v. MahonNew York Supreme Court · 1821
3Cited by17 opinions
- Seidel v. 18 East 17th Street Owners, Inc.New York Court of Appeals · 1992
- Szerdahelyi v. HarrisNew York Court of Appeals · 1986
- Deeter v. BurkIndiana Court of Appeals · 1914
- McCorhill Publishing, Inc. Ex Rel. Barr v. Greater New York Savings Bank (In Re McCorhill Publishing, Inc.)United States Bankruptcy Court, S.D. New York · 1988
- Bowery Savings Bank v. NirensteinNew York Court of Appeals · 1935
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