Legal Opinion

Barclay v. Culver

New York Supreme Court

Decided May 15, 1883Published

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

  1. Baker v. . DrakeNew York Court of Appeals · 1873
  2. Burrall v. . Bushwick Railroad CompanyNew York Court of Appeals · 1878
  3. Horton v. . MorganNew York Court of Appeals · 1859
  4. Nourse v. PrimeNew York Court of Chancery · 1820
  5. Caswell v. AllenNew York Supreme Court · 1810

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