Legal Opinion

Guardian Trust Co. v. Peabody

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 1907PublishedCited by 8 opinions

Appeal by the plaintiff, the Guardian Trust Company of Hew Yoik, from a judgment of the Supreme Court in .favor of the defendant, -entered in the office of the clerk of the county of Hew York on the 7th day of March, 1907, upon the-report of a referee dismissing the complaint .upon the merits.

1Opinion of the Court

Houghton, J.:

Several men, of whom the defendant was one, were interested in the Yetman Transmitting Typewriter.Company which was in need of funds for the prosecution of its business, negotiations were had with the plaintiff for the furnishing of such necessary money. These negotiations resulted in a written agreement signed by the plaintiff, the typewriter company, and the individuals who were termed “ subscribers,” which, after reciting that the typewriter company desired to secure a loan not exceeding $80,000 to be used as working capital, and to hypothecate all of its capital stock,…

2Cited by8 opinions

  1. Hansen Service, Inc. v. LunnWashington Supreme Court · 1930
  2. Knickerbocker Trust Co. v. EvansCourt of Appeals for the First Circuit · 1911
  3. Hamilton Trust Co. v. ShevlinAppellate Division of the Supreme Court of the State of New York · 1913
  4. Brooklyn National Bank v. ReinitzAppellate Division of the Supreme Court of the State of New York · 1936
  5. Bull v. Guardian Trust Co.Appellate Division of the Supreme Court of the State of New York · 1907

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