Cody v. First National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The First National Bank of Springfield, Ohio, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of .Kings on the 20th day of September, 1900, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the defendant’s demurrer to the complaint. ■ . This appeal was transferred from the second department to the 'first department.
1Opinion of the Court
Hatch," -J. :
This action was brought to recover the sum of $1,600, with interest, as damages averred to have been sustained by plaintiffs by reason of the conversion by the defendant of a steam roller mortgaged by the plaintiffs by a chattel mortgage given to secure a part of the-purchase ■ price thereof, which mortgage, by mesne assignments,, became the property of the defendant and was by it foreclosed. It is averred in the complaint that the plaintiffs purchased the roller-on or about the 12th day of January, 1897, for $2,900, and gav& two promissory notes for $733.33 each, payable…
2Cases cited3 opinions
- Casserly v. . WitherbeeNew York Court of Appeals · 1890
- Kelly v. . DowningNew York Court of Appeals · 1870
- Stoddard v. DenisonThe Superior Court of New York City · 1869
3Cited by14 opinions
- Riggs, Ferris & Geer v. Harrison LillibridgeCourt of Appeals for the Second Circuit · 1963
- Black v. VanderbiltAppellate Division of the Supreme Court of the State of New York · 1902
- Low v. SwartwoutAppellate Division of the Supreme Court of the State of New York · 1916
- Michalowski v. EyNew York Court of Appeals · 1959
- Squiers v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1902
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