Voorhees v. Olmstead
New York Supreme Court
MOTION by plaintiff for a new trial upon a case and exceptions ordered to be heard in the first instance at the general term after a verdict for the defendants directed at the circuit. The action was one of replevin brought by Benjamin F. Voorhees and others against Cyrus Olmstead and others to recover the possession of a quantity of cotton. The facts fully appear in the opinion.
1Opinion of the CourtDavis, P. J.
This action was brought to recover possession of 226 bales of cotton. The court, at circuit, directed a verdict for the defendants. We think the court did not err in the conclusion that the ease was a proper one to be disposed of by directing a verdict. There was not sufficient evidence to have justified the jury in finding that the Warehouse and Security Company acted mala fide in the transaction. They were not shown to have had any participation in a knowledge of the alleged fraudulent acts and violations of Biddle & Co., nor to have had any notice that should have put them on inquiry…
2Cases cited7 opinions
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Manufacturers' & Traders' Bank v. HazardNew York Court of Appeals · 1864
- Kein v. . TupperNew York Court of Appeals · 1873
- Irving Bank of New York v. WetheraldNew York Court of Appeals · 1867
- Casco Bank v. KeeneSupreme Judicial Court of Maine · 1865
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