Jenkins v. Conklin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank & J. G-. Jenkins, Jr-, a corporation, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on,the 12th day,of January, 1911, upon the dismissal of the complaint by direction of the court at the opening on a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the same day denying the plaintiff’s motion for a new trial..
1Opinion of the Court
Jenks, P. J.:
The plaintiff appeals from a judgment upon dismissal on the pleadings and on its opening of the case at Trial Term, and from an order denying its motion, for a new trial. The plaintiff, a stockbroker, sues to recover' a balance of money lent to the defendant, its client, to buy stocks for the latter, with an agreement that such stocks would be held by the plaintiff as collateral security for the loan. There was no plea of tender of the securities or of demand, and upon the argument of the motion for dismissal the plaintiff admitted that it still, held- the stock as collateral…
2Cases cited7 opinions
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- Gruman v. . SmithNew York Court of Appeals · 1880
- Content v. . BannerNew York Court of Appeals · 1906
- De Cordova v. . BarnumNew York Court of Appeals · 1892
- Holmes & Griggs Manuf'g Co. v. MorseNew York Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Skud v. TillinghastCourt of Appeals for the Sixth Circuit · 1912
- First Trust & Deposit Co. v. PotterNew York Supreme Court · 1935
- National Bank v. Erion-Haines Realty Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Salt Lake Inv. Co. v. StouttUtah Supreme Court · 1919
- Conlew, Inc. v. NewmanAppellate Division of the Supreme Court of the State of New York · 1934
5 more not listed; retrieve them via the Exa API.