Sloan v. National Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Augustus K. Sloan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 17th day of February, 1904, upon a nonsuit-granted by the court after a trial at the New York Trial Term, and also from an order entered-in said clerk’s office on the 10th day of February, T904, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
On the 5tli of August, 1897, the plaintiff loaned to the Haney Manufacturing Company, a domestic corporation, the snm of $5,000, under a written agreement executed on that day, which, among other1 things, provided that the corpoi’ation, for the purpose of securing payment of such loan, should execute and deliver to the *95plaintiff "bills of sale of its machinery and plant, the corporation, however, to remain in possession and use of the property covered by the bill of sale in conducting its business. The loan was for one year, and if default were made in the payment of the same,…
2Cases cited11 opinions
- Charter v. StevensNew York Supreme Court · 1846
- Dyett v. . HymanNew York Court of Appeals · 1891
- Steele v. . BenhamNew York Court of Appeals · 1881
- Davis v. Newkirk, Barker & YatesNew York Supreme Court · 1847
- Casserly v. . WitherbeeNew York Court of Appeals · 1890
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3Cited by2 opinions
- Smith v. HealeyAppellate Terms of the Supreme Court of New York · 1910
- General Motors Acceptance Corp. v. CombsAppellate Terms of the Supreme Court of New York · 1961