COUTTS BANK (SWITZERLAND) LTD. v. HARVEST INTERNATIONAL OF AMERICA, INC.


258 A.D.2d 416 (1999)

685 N.Y.S.2d 725

COUTTS BANK (SWITZERLAND) LTD., Formerly Known as COUTTS & CO., AG., NEW YORK BRANCH, Respondent, v. HARVEST INTERNATIONAL OF AMERICA, INC., Appellant.

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

Decided February 25, 1999.


Defendant's allegations that he orally requested plaintiff to sell the stock it held as collateral at a time when the stock still had value are unsubstantiated. Moreover, they are inconsistent with the fact that during and shortly after the purported conversations, agreements to extend the loan generated correspondence from both sides that never mentioned the collateral, and are also inconsistent with the fact that after defendant again fell into default, he did not object...

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