The New York State Reporter; Containing All the Current Decisions of the Courts of Record of New York State, Namely - Court of Appeals, Supreme Court, (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ...again we must have regard to the nature of the transactions had between the defendants and Walker. The bonds in question were not ledged as collateral for any one particular item, but for the whoi)e general account. That is distinctl testifled to by Mr. Tilghman. It is true that Mr. Walker testified that they were given for no other purpose than as additional security for a loan which he then had with the firm, and upon which they held other securities as collateral. But it is apparent from the account and the transactions themselves that these particular bonds, with other securities, were intended to cover all the transactions that entered into the speculative account at the time they were given, and the pledge was intended as security for whatever transactions might be had under that general account, and the flilvflnces made by the brokers on such subsequent transactions, and until they were notified of the real ownership, were on the lflltli of the pledge of such securities, and, under the peculiar and 'f=X16pt_ional situation of the parties, such advances as were made hrom time to time until the notification referred to was given must e regarded as having been specifically made upon the faith of the P_l"'l-On the whole evidence we are of opinion that the direcl10_u of the verdict was correct, and that the judgment should be flflirmed, with costs. Msment d d ' ' ts to 1lanttoabide rgypriie, an new trial granted, with cos appe (siiperior 0ourtqfBu_1falo, General Term, F't'led December 91, 189?.) 1. M. 5'l'hR up BERYAN'l'--NEGLIGENCE. t,5 Tllfwter cannot be held responsible for an injury to his servant, aus, a,""'d "1," Place not contemplated, provided or designated by him as n place...