Nourse v. Prime
New York Court of Chancery
THE defendants, who are stock and exchange brokers ° in the city of New-YorJc, and had purchased shares of United States’ bank stock for the plaintiff, and had received a transfer of other shares for the plaintiff, making together four hundred and thirty shares in their hands.
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THE defendants, who are stock and exchange brokers ° in the city of New-YorJc, and had purchased shares of United States’ bank stock for the plaintiff, and had received a transfer of other shares for the plaintiff, making together four hundred and thirty shares in their hands. On the 6th of February, 1818, they rendered to the plaintiff a general account of their transactions, in which a balance was found due to them from the plaintiff of 53,917 dollors, 15 cents, for which the plaintiff agreed to give his note to the defendants ; and the plaintiff accordingly gave to the defendants his note…
1Opinion of the Court
The Chancellor.
As all the equity of the bill sustaining the injunction, is fully denied in the answer, the motion to dissolve the injunction ought to be granted.
The contract upon which this suit arises, was reduced to writing, and is contained in the receipt or acknowledgment given by the defendants, and accepted by the plaintiff. It precludes all misunderstanding and uncertainty, by the full and precise terms in which the agreement is declared. The defendants acknowledge, that they “ hold 430 shares of United States' bank stock, as collateral security for the payment of the note, &c., and…
2Cited by10 opinions
- Skiff v. StoddardSupreme Court of Connecticut · 1893
- Gregory v. WendellMichigan Supreme Court · 1879
- Caswell v. . PutnamNew York Court of Appeals · 1890
- Mayo v. . KnowltonNew York Court of Appeals · 1892
- Nourse v. Prime, Ward & SandsNew York Court of Chancery · 1823
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