No. 44.

Assignment of pledge by pledgor.31

THIS AGREEMENT, made January 5, 1923, by John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City (herein called "the Assignor"), and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called "the Assignee"), WITNESSETH:

WHEREAS, the Assignor is the owner of fifty (50) shares of the common stock of Koe Company, Inc., each of the par value of one hundred ($100) dollars, all fully paid and non-assessable; and

WHEREAS, the Assignor heretofore pledged and delivered all of said fifty shares of stock to John Jones, to secure the payment of a promissory note, made by the Assignor, to the order of said John. Jones, for the sum of five thousand ($5,000) dollars, with interest thereon at six (6%) per cent per annum from December 1, 1922; and

WHEREAS, no part of said note, or the interest thereon, has been paid, and the Assignor desires to assign all of his right, title and interest in the said fifty shares of stock to the Assignee herein:

Now, THEREFORE, IT IS HEREBY MUTUALLY AGREED, as follows: 1. That the Assignor hereby assigns to the Assignee all the right, title and interest of the Assignor

(a) in said fifty shares of common stock of Koe Company, Inc., represented by certificate No. 1000 for thirty shares of said stock, and certificate No. 1001 for twenty shares of said stock, which said shares of stock are, as aforesaid, pledged to, and held by, John Jones;

(b) in all dividends, incomes, and issues therefrom, and all rights of pre-emption, or other rights, thereto attached;

(c) to pay and discharge (but at the Assignee's own cost) the amount of the said pledgee's claim aforementioned;

(d) to redeem the said shares of stock pledged as aforesaid;

(e) to all causes of action, which have accrued, or may hereafter accrue, for, or by reason of, any conversion of the said shares of stock, or any of them, by the said pledgee, or by any other person or persons.

34 Cf. Whitaker v. Sumner (1838), 37 Mass. 399; Duell v. Oudlysp (1856), 1 Hilt. (N. Y.), 166.

2. That the Assignee hereby accepts this assignment and shall, contemporaneously with the execution thereof, pay to the Assignor the sum of forty-five hundred ($4,500) dollars.

3. That the Assignor hereby appoints the Assignee his attorney, for the purpose of transferring said shares of stock upon the transfer books of Koe Company, Inc., with full power of substitution in the premises, as, if and when the Assignee shall acquire possession of said shares of stock, or the certificate, or certificates, therefor.

4. That the Assignor shall notify the Assignee promptly, by registered mail, addressed to the Assignee, of the time and place of any sale, or of any notice of sale, which the Assignor may receive, in respect of said shares of stock pledged as aforesaid, or any of them. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year first above written.

In the presence of
John Jones.

John Doe (L.S.).
Richard Roe (L.S.).

No. 45.

Assignment of pledge by pledgee, with covenants of securities pledged and amount due.35

KNOW ALL MEN, that I, John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City (herein called "the Assignor"), in consideration of one ($1) dollar paid by Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called "the Assignee"), hereby assign to the said Assignee all my right, title and interest in the stock and bonds pledged with me, the said Assignor, by Henry Koe, on or about January 3, 1923, to secure the payment to me of the sum of five thousand ($5,000) dollars, with interest thereon at the rate of six (6%) per cent per annum from January 3, 1923, together with the debt, or obligation, of the said Henry Koe in respect of which said stock and bonds were pledged, and all moneys due, or which may grow due, in connection therewith, with the interest.

And I, the said Assignor, covenant (1) that a true list of the said stock and bonds, pledged as aforesaid, is set forth in the annexed schedule, marked "Exhibit A," and (2) that there is now

3 Cf. McNeil v. Tenth National Bank (1871), 46 N. Y. 325, 7 Am. Rep. 341.

due to me from the said Henry Koe, without offset or defense of any kind, the sum of five thousand ($5,000) dollars, with interest thereon, at the rate of six (6%) per cent per annum from January 3, 1923.

IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 5th day of January, 1923.

In the presence of

John Jones.

[Annex List of Securities.]

John Doe (L.S.).

No. 46.

Assignment of stock certificate.36

For value received, I hereby sell, assign and transfer, to John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City, fifty (50) shares of the capital stock represented by the within certificate, and do hereby irrevocably constitute and appoint,36a my attorney to transfer the said stock on the books of the within named company, with full power of substitution in the premises.

Dated, New York, January 5, 1922.

In the presence of

John Jones.

Richard Roe.

No. 47.

Assignment of subscription for stock, with representations by assignor.37

KNOW ALL MEN, that I, John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York City (herein called "the Assignor"), in consideration of one ($1) dollar paid by Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New

36 Cf. Johnston v. Laflin (1880), 103 U. S. 800, 26 Law ed. 532.

36 This space customarily is left blank by the assignor or transferror as the proper corporate official, as an incident to the transfer, will insert his own name therein.

37 Cf. Valentine v. Berrien Springs Water Power Co. (1901), 128 Mich. 280, 87 N. W. 373. See New York Consol. Laws (1909), Ch. 59, Sec. 53.

York City (herein called "the Assignee"), hereby assign to the said Assignee all my right, title and interest in the contract of subscription to ten (10) shares of the common stock of Koe Co., Inc., entered into by me with the said Koe Co., Inc., on March 5, 1922.

And I, the said Assignor, for the purpose of inducing the said Assignee to accept this assignment, do hereby make the following representations:

1. That the amount of such subscription is payable in cash.

2. That, at the time of entering into such contract of subscription, the Assignor paid to the directors of the Koe Co., Inc., ten (10%) per cent upon the amount of such subscription.

3. That such subscription is valid and in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 5th day of January, 1923.

In the presence of

John Doe (L.S.).

John Jones.

No. 48.

Assignment of vendor's lien, with covenant of amount due.38

KNOW ALL MEN, that I, John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York City (herein called "the Assignor"), in consideration of one ($1) dollar paid by Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called "the Assignee"), hereby assign to the Assignee all my right, title and interest in

(a) the certain contract entered into by me with Henry Koe, residing at No. 572 Broadway, Borough of Manhattan, New York City, on December 5, 1922, a copy of which is hereto annexed as a part hereof;

(b) all moneys due, or which may grow due, thereunder; and (c) my lien for the unpaid purchase price of the land therein 'described.

And I, the said Assignor, covenant that there is now due to me from the said Henry Koe, under the said contract, without offset or defense of any kind, the sum of five thousand ($5,000) dollars, with interest from December 5, 1922.

"Cf. Smith v. Smith (1870), 9 Abb. Pr. (N. S.) 420, 1 Sheld. (N. Y.) 238.

IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 5th day of January, 1923.

In the presence of

John Jones.

[Annex Copy of Contract.]

John Doe (L.S.).

No. 49.

Assignment of wages due."

KNOW ALL MEN, that I, John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City, in consideration of one ($1) dollar paid by Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called "the Assignee"), hereby assign to the said Assignee all my right, title and interest in the moneys due to me from Henry Koe, for work, labor and services as a clerk performed by me, between January 5, 1921, and January 31, 1922, which services were performed, at the request of the said Henry Koe, and were of the agreed value of five hundred ($500) dollars.

IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 5th day of January, 1923.

In the presence of

John Jones.

John Doe (L.S.).

No. 50.

Assignment of wages to become due."

KNOW ALL MEN, that I, John Doe, residing at No. 111⁄2 Broadway, Borough of Manhattan, New York City, in consideration of one ($1) dollar paid by Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called "the Assignee"), hereby assign to the said Assignee all my right, title and interest in the moneys, which shall become due to me from Henry Koe, for the work, labor and services that I may hereafter

30 Cf. Lord v. Wapato Irr. Co. (1914), 81 Wash. 561, 142 Pac. 1172.

40 Cf. Low v. Pew (1871), 108 Mass. 347, 11 Am. Rep. 357.