Anderson v. Nicholas
The Superior Court of New York City
This is an appeal by the defendant from a judgment entered on the report of M. B. Maclay, Esq., as Referee. The action was. brought to recover the value of twenty shares of stock of the American Guano Company, which had been wrongfully taken from the plaintiffs’ possession by the son of one of the plaintiffs, and delivered, disposed of, or pretended to be sold to the defendant; a demand of the stock by the plaintiff, and refusal to deliver was alleged, and a conversion…
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This is an appeal by the defendant from a judgment entered on the report of M. B. Maclay, Esq., as Referee. The action was. brought to recover the value of twenty shares of stock of the American Guano Company, which had been wrongfully taken from the plaintiffs’ possession by the son of one of the plaintiffs, and delivered, disposed of, or pretended to be sold to the defendant; a demand of the stock by the plaintiff, and refusal to deliver was alleged, and a conversion thereof by the defendant to his own use. The defendant’s answer put in issue all the allegations in the complaint. The…
1Opinion of the Court
By the Court—Woodruff, J.
The defendant in this case is liable for the value of the stock. The lad, Anderson, had no title to the stock, and no authority to dispose of it. He had not been intrusted with the certificate by the plaintiffs, the true owners, but had taken it wrongfully without their consent. He could, therefore, by no act of his, confer title upon the defendant or upon Bowen; nor could he give to either of them a right to dispose of the stock.
Bowen having neither title to the stock nor authority to sell it, (assuming, for the purposes of the question, that the defendant had…
2Cases cited3 opinions
- Covill v. Hill & SanfordNew York Supreme Court · 1847
- Everett v. CoffinNew York Supreme Court · 1831
- Cobb v. DowsNew York Supreme Court · 1850
3Cited by4 opinions
- Spraights v. . HawleyNew York Court of Appeals · 1868
- Beach v. . Raritan Delaware Bay R.R. Co.New York Court of Appeals · 1868
- McNeil v. Tenth National BankNew York Supreme Court · 1869
- Florence Sewing Machine Co. v. WarfordThe Superior Court of New York City · 1869