Appellate Division of the Supreme Court of New York, 1921

Brightson v. Claflin

Brightson v. Claflin
Appellate Division of the Supreme Court of New York · Decided February 15, 1921 · Laughlin
195 A.D. 929
Brightson v. Claflin

Dissenting Opinion

Laughlin, J. (dissenting):

I dissent upon the ground that, in my opinion, the defendant should have pleaded that the stock was held by the company as collateral for the note. (See Barber v. Ellingwood, No. 2, 137 App. Div. 704, 714.) Were it not for this technical omission so to plead, I would vote for affirmance.

Opinion of the Court

Present — Clarke, P. J., Laughlin, .Smith, Page and Merrell, JJ.; Laughlin, J., dissenting.

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