MacGUIRE v. ELOMETA CORP.


189 A.D.2d 708 (1993)

Kevin A. MacGuire et al., Respondents-Appellants, v. Elometa Corporation et al., Appellants-Respondents, and Marine Midland Bank, N. A., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 26, 1993


Defendants' release of the pledged stock to Elometa before there was proof of full payment of the notes by Elometa and prior notice to the noteholders constituted a conversion by defendants. While defendants urge that there are no damages since they ultimately satisfied all payment obligations which were secured by the stock certificates, nominal damages may be awarded as a result of the conversion and plaintiffs should be given an opportunity to prove at trial any other...

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