Tschetinian v. . City Trust Co.
New York Court of Appeals
Appeal from a judgment, entered December 21, 1905, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which affirmed a judgment of Special' Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The certificate constitutes a guaranty. (P. E. of T. Co., 31 Nat.
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Appeal from a judgment, entered December 21, 1905, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which affirmed a judgment of Special' Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The certificate constitutes a guaranty. (P. E. of T. Co., 31 Nat. Corp. Rep. 369; McClure v. C. T. Co., 165 N. Y. 108; Motan v. McLarty, 75 N. Y. 25 ; Bunnell v. Stern, 122 N. Y. 544; McS. Co. v. Padian, 142 N. Y. 207; Imperial Co. v. Jewett, 169 N. Y. 143 ; Industrial Co. v. Todd,…
1Opinion of the CourtHiscock, J.
This action, as evidenced by the complaint, sought to hold defendant responsible for the value of cer tain bonds purchased by plaintiff which became valueless. It was based upon a certificate made by defendant, as mortgage trustee under a corporation mortgage, upon an issue of $100,000 of bonds which included those purchased by the plaintiff. This certificate was indorsed upon each bond, and read as follows: “ This bond is one of a series of bonds men-.tioned and described in the mortgage within referred to.” The bonds so certified were each indorsed by the mortgagor as a “ First Mortgage…
2Cited by10 opinions
- Doyle v. Chatham & Phenix National BankNew York Court of Appeals · 1930
- Ainsa v. Mercantile Trust Co.California Supreme Court · 1917
- Mullen v. Eastern Trust & Banking Co.Supreme Judicial Court of Maine · 1911
- Continental Corp. v. First National BankMassachusetts Supreme Judicial Court · 1934
- Knickerbocker v. Fort Dearborn Trust & Savings BankAppellate Court of Illinois · 1920
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