Belmont Branch of State Bank of Ohio v. Hoge
New York Court of Appeals
Appeal from the decision of the General Term of the Superior Oourt of the city of New York, affirming a judgment in favor of the defendants on the verdict of a jury. The action was for the alleged conversion of four bills of exchange, amounting in the aggregate to about $14,000, and which were claimed to be the property of the plaintiff. The cause was tried before Judge Bosworth.
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Appeal from the decision of the General Term of the Superior Oourt of the city of New York, affirming a judgment in favor of the defendants on the verdict of a jury. The action was for the alleged conversion of four bills of exchange, amounting in the aggregate to about $14,000, and which were claimed to be the property of the plaintiff. The cause was tried before Judge Bosworth. A motion for a new trial was denied at Special Term, and the order was affirmed at the General Term. The case is reported in 7 Bosworth, 543. The following are the leading facts proved on the trial: The plaintiffs…
1Opinion of the CourtPorter, J.
Upon the facts proved, it is manifest that the jury were right in finding that the defendants were Iona fide holders of the paper in question.
The instructions of the learned judge, on this branch of the case were more favorable to the plaintiffs than the law would strictly justify. He gave them the benefit of the assumption that, though the defendants took the paper from the apparent owners for value, before it' became due, and without notice of any defect in their title, the plaintiffs could reclaim the bills, if they proved the existence of circumstances which would have been likely to…
2Cases cited5 opinions
- Rosa v. . ButterfieldNew York Court of Appeals · 1865
- Brush v. ScribnerSupreme Court of Connecticut · 1836
- Hall v. WilsonNew York Supreme Court · 1853
- McWilliams v. . MasonNew York Court of Appeals · 1865
- Keutgen v. ParksThe Superior Court of New York City · 1848
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- Matlock v. ScheuermanOregon Supreme Court · 1908
- Texas Banking & Insurance v. TurnleyTexas Supreme Court · 1884
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