Legal Opinion

Dunham v. Jackson

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1830PublishedCited by 17 opinions

Appeal from chancery. The appellant filled a bill in chancery, alleging that on the 22d February, 1827, she, by her agent, D. S. Griswold, borrowed of the respondent $500 and to secure the payment, thereof she, by her said agent, assigned to the respondent 40 shares of Williamsburgh Ferry Company stock, of the nominal value of $50 per share, and delivered to him a certificate of the stock assigned ; that she had tendered to the respondent the "full amount of the principal…

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Appeal from chancery. The appellant filled a bill in chancery, alleging that on the 22d February, 1827, she, by her agent, D. S. Griswold, borrowed of the respondent $500 and to secure the payment, thereof she, by her said agent, assigned to the respondent 40 shares of Williamsburgh Ferry Company stock, of the nominal value of $50 per share, and delivered to him a certificate of the stock assigned ; that she had tendered to the respondent the "full amount of the principal and interest of the debt, and requested a re-assignment of the stock, which was refused ; and after averring a readiness…

1Opinion of the Court

*28The following opinion was delivered:

By Mr. Justice Marcv.

The bill in this case was filed for the redemption of forty shares of stock, pledged or transferred to the respondent, as security for the payment of a loan of $500. In the answer the respondent admits that he holds the stock as a pledge, but denies that it is for the loan of the $500 alone; he says it was pledged for the repayment of that sum and about $800 more, being the amount of several loans antecedent to that charged in the bill. The pledge was effected through the agency of Daniel 8. Gris-wold, and a question is now raised as to…

2Cited by17 opinions

  1. Lawrence v. . MillerNew York Court of Appeals · 1881
  2. McGehee v. JonesSupreme Court of Georgia · 1851
  3. Farmers' Fire Insurance & Loan Co. v. EdwardsNew York Supreme Court · 1841
  4. Eaton's AppealSupreme Court of Pennsylvania · 1870
  5. Arnett v. SmithNorth Dakota Supreme Court · 1902

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