Legal Opinion

Mould v. Importers & Traders' National Bank

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

Decided July 1, 1902Published

Appeal by the plaintiff, Thomas Mould, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Rew York on the 7th day of January, 1902, upon the decision of the court rendered after a trial at the Rew York Special Term dismissing the complaint upon the merits, except that portion which directs the sale of certain stock and the payment of the amount due the defendant bank.

1Opinion of the Court

McLaughlin, J.:

This action was brought to recover certain stock, or the proceeds thereof, alleged to have been deposited by the plaintiff with Hatch & Foote, stockbrokers, as collateral security for the payment of money advanced in the purchase of stocks and in turn deposited by that firm with the defendant bank .as collateral security for a loan.

The complaint was dismissed, the trial court finding as a fact that the plaintiff had failed to show that the certificate of stock held by the bank belonged to him, and from the judgment entered upon this decision the plaintiff has appealed.

It…

2Cases cited1 opinion

  1. Rhinelander v. National City BankAppellate Division of the Supreme Court of the State of New York · 1898

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