Colson v. . Arnot
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, setting aside a verdict for the defendant at the circuit, and granting a new trial. This action was brought by the plaintiff, after demand and refusal, to recover the possession of two county bonds of $300 each. The bonds were issued September 1st, 1864, and due March 1st, 1866, payable to the order of one Jonathan S. Boll, a volunteer in the military service of the United States.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the third judicial department, setting aside a verdict for the defendant at the circuit, and granting a new trial. This action was brought by the plaintiff, after demand and refusal, to recover the possession of two county bonds of $300 each. The bonds were issued September 1st, 1864, and due March 1st, 1866, payable to the order of one Jonathan S. Boll, a volunteer in the military service of the United States. Boll transferred them before maturity by an indorsement in blank and for a valuable consideration, to the plaintiff. The…
1Dissent
Dwight, C.
(dissenting). The real questions in this case are two in number. I. Can the defendant, assuming that he acted in good faith and paid value, make title to the bonds in controversy from a finder or- a thief, as the case may be, though the name of the payee, indorsed by himself, has been erased from the bonds by such finder or thief, after the paper has gone into circulation and before it was acquired by the defendant ? II. If this question be answered in the affirmative, is there any such evidence of want of good faith, on the defendant’s part, as required a finding upon it by the…
2Cases cited14 opinions
- Spooner v. HolmesMassachusetts Supreme Judicial Court · 1869
- Welch v. . SageNew York Court of Appeals · 1872
- Seybel v. . National Currency BankNew York Court of Appeals · 1873
- Birdsall v. . RussellNew York Court of Appeals · 1864
- Belmont Branch of State Bank of Ohio v. HogeNew York Court of Appeals · 1866
9 more not listed; retrieve them via the Exa API.