Dodge v. Lawson
The Superior Court of the City of New York and Buffalo
Action by Dodge against Lawson and others to recover the sum of $4,545.55. Defendants move that Charles W. Gould, assignee of Field, Lindley, Weichers & Co., be substituted in their place as defendant, under Code Civil Proc. § 820. According to the complaint, plaintiff gave to Field, Lindley, Weichers & Co. certain negotiable bonds as collateral security. Field, Lindley, Weichers & Co., without plaintiff’s knowledge or consent, delivered them to defendants as security.
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Action by Dodge against Lawson and others to recover the sum of $4,545.55. Defendants move that Charles W. Gould, assignee of Field, Lindley, Weichers & Co., be substituted in their place as defendant, under Code Civil Proc. § 820. According to the complaint, plaintiff gave to Field, Lindley, Weichers & Co. certain negotiable bonds as collateral security. Field, Lindley, Weichers & Co., without plaintiff’s knowledge or consent, delivered them to defendants as security. Defendants sold them for $30,135, and applied $25,589.45 thereof in payment of the debt of Field, Lindley, Weichers & Co. to…
1Opinion of the CourtMcAdam, J.
The court is without power to settle the conflicting claims on an application for interpleader under section 8201 of the Code. Lane v. Insurance Co., (Sup.) 9 N. Y. Supp. 52; Railroad Co. v. Arthur, 90 N. Y. 234. The plaintiff, by his form of action, has waived (so far as he is concerned) any tort by Field, Lindley, Weichers & Co., or by the defendants; but the court cannot compel the assignee of Field, Lindley, Weichers & Co. to waive any" claim for tortious conduct by the defendants towards that firm in the aforesaid transactions, by substituting the assignee and exonerating the defendants…
2Cases cited6 opinions
- Shaw v. CosterNew York Court of Chancery · 1840
- Baltimore Ohio R.R. Co. v. . ArthurNew York Court of Appeals · 1882
- Lane v. New York Life InsuranceNew York Supreme Court · 1890
- Sibley v. Equitable Life Assur. Soc.The Superior Court of the City of New York and Buffalo · 1888
- Bender v. SherwoodNew York Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Goodrich v. WilliamsonSupreme Court of Oklahoma · 1899
- More v. Western Grain Co.North Dakota Supreme Court · 1915
- Du Bois v. Union Dime Sav. Inst.New York Supreme Court · 1895