Legal Opinion

Hennequin v. . Clews

New York Court of Appeals

Decided May 27, 1879PublishedCited by 28 opinions

Appeal from order of the General Term of the Superior Court of the city of New York, affirming an order of Special Term, denying a motion to vacate an order of arrest herein. The nature of the action and the facts appear sufficiently in the opinion.

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Appeal from order of the General Term of the Superior Court of the city of New York, affirming an order of Special Term, denying a motion to vacate an order of arrest herein. The nature of the action and the facts appear sufficiently in the opinion. The words “fiduciary capacity ” in the bankrupt act of 1867 have the same sense as the same words in the act of 1841. (Cronan v. Cutting, 104 Mass., 245; Grover v. Clinton, 8 N. B. R., 312; Owsley v. Cobin, 15 id., 489; Neal v. Clark, 95 U. S. R., 708; Kime v. Graff, 5 “ The Reporter,” 89.) The debts created by “ fraud ” in the sense that word is…

1Opinion of the Court

Church, Ch. J.

This is an appeal from an order refusing to vacate an order of arrest. The action is for converting twenty-nine railroad bonds of $1,000 each, delivered by the plaintiffs to the defendant Clews, as collateral security for a letter of credit by the latter to the former upon a banking-house in London. There is a conflict in the affidavits. The defendant states that it was agreed, that he might, if ho desired, hypothecate the bonds, but for the purposes of this appeal we shall assume that he held the bonds as pledgee, with no other rights in respect to them, than such as that…

2Cases cited2 opinions

  1. Neal v. ClarkSupreme Court of the United States · 1878
  2. Cronan v. CottingMassachusetts Supreme Judicial Court · 1870

3Cited by28 opinions

  1. Hennequin v. ClewsSupreme Court of the United States · 1884
  2. Palmer v. . HusseyNew York Court of Appeals · 1882
  3. Lawrence v. . HarringtonNew York Court of Appeals · 1890
  4. Bradner v. . StrangNew York Court of Appeals · 1882
  5. Haggerty v. BadkinNew Jersey Court of Chancery · 1907

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