Hatch v. Fourth National Bank
New York Court of Appeals
Appeals by the plaintiffs and defendant Fay from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 14, 1894, which affirmed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint upon the merits, on trial at Special Term.
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Appeals by the plaintiffs and defendant Fay from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 14, 1894, which affirmed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint upon the merits, on trial at Special Term. This action was originally brought by Mary D. Sanford, since deceased, and revived in the name of her executors, to recover from the defendant, the Fourth National Bank of the city of-New York, a portion of the sum of $20,000 alleged to have been the proceeds of a…
1Opinion of the Court
•Finch, J.
We ought to affirm this judgment upon a single ground, which rests upon facts not at all controverted or in dispute. For that purpose we may assume, as true, the plaintiff’s version of what actually occurred, without, criticism at doubtful points of the way. She was the owner of a certificate of stock of the Adams Express Company, of the par value of fifteen thousand dollars. That certificate, in a negotiable form and capable of transfer by delivery, she intrusted to the temporary custody of Mills, Bobeson & Smith. Hei son and agent, E. S. Sanford, placed it in a sealed envelope,…
2Cases cited4 opinions
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- American Sugar Refining Co. v. FancherNew York Court of Appeals · 1895
- Goshen National Bank v. StateNew York Court of Appeals · 1894
- Justh v. . Nat. B'k of the CommonwealthNew York Court of Appeals · 1874
3Cited by47 opinions
- Worms v. BankAmerica InternationalNew York Court of Appeals · 1991
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- Ball v. . ShepardNew York Court of Appeals · 1911
- Raymond Concrete Pile Co. v. Federation Bank & Trust Co.New York Court of Appeals · 1942
- Smith v. Des Moines National BankSupreme Court of Iowa · 1899
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