Blanck v. Nelson
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Thomas J. Blanch, as trustee under the will of John W. Blanch, deceased, against Jesse S. Nelson. From an ordering denying a motion to vacate an order of arrest, defendant appeals.
1Opinion of the CourtWoodward, J.
We think the first cause of action set forth in the complaint is good. It is true, the plaintiff held the bonds there mentioned only as collateral security for the payment of the debt to him. Nevertheless, his special property as pledgee was sufficient to authorize him to maintain an action for conversion of the bonds against any wrongdoer. The damage to the plaintiff by the conversion of the bonds is apparent. Even assuming that the debtor pays Ms note to the plaintiff, the plaintiff must return the bonds to the pledgor, or account for their value. The complaint sets forth facts which, if…
2Cases cited1 opinion
- Quail v. NelsonAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Blanck v. NelsonAppellate Division of the Supreme Court of the State of New York · 1899