Barclay v. Culver
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon tbe verdict of a jury, and from an order denying a motion for a new trial, made upon tbe minutes of tbe justice' before wbom tbe action was tried. .
1Opinion of the Court
Davis, P. J. :
This action -is brought upon an instrument in the following words:
New York, January 1,1875.
Received from E. K. Alburtis, one hundred, shares of the Jersey City and Albany Railroad Company, as a loan, to be returned to him on or before the second day of April, 1875, or to be paid for at my option twenty-five per cent in par value, or say twenty-five hundred dollars for said one hundred shares of stock.
D. E. CULVER. •
It was proved that on executing this receipt, E. K. Alburtis delivered to the defendants a certificate for said stock, which was in the following form:
Number 11. 100…
2Cases cited5 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Burrall v. . Bushwick Railroad CompanyNew York Court of Appeals · 1878
- Horton v. . MorganNew York Court of Appeals · 1859
- Nourse v. PrimeNew York Court of Chancery · 1820
- Caswell v. AllenNew York Supreme Court · 1810