Smith v. . Frost
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Com* of the city of New York, affirming a judgment in favor of the plaintiff entered upon a verdict. (Eeported below, 7 J. & L., 389.) This action was brought to recover damages fór the.alleged unlawful conversion of certain railroad bonds. In 1857, William Smith and.
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Appeal from judgment of the General Term of the Superior Com* of the city of New York, affirming a judgment in favor of the plaintiff entered upon a verdict. (Eeported below, 7 J. & L., 389.) This action was brought to recover damages fór the.alleged unlawful conversion of certain railroad bonds. In 1857, William Smith and. James W. Smith were the owners of ten bonds of the Peoria and Oquawka railroad company of $1,000 each, secured by the first mortgage upon the railroad and property of that company. The bonds were coupon bonds, payable to the bearer. They borrowed some money of one Benjamin…
1Opinion of the CourtMiller, J.
The title of the plaintiff to the bonds in controversy rests upon the prior ownership of ten bonds of the Peoria and Oquawka railroad company. This company was reorganized into the Toledo, Peoria and Wabash railroad company, and upon certain payments being made, the holders of the ten first mentioned bonds became entitled to receive the sixteen bonds of the latter company. The ten bonds had been hypothecated for a loan to one Camp, who wrongfully hypothecated said bonds to the Union Mutual insurance company for a loan to him of $5,000; and the sixteen bonds were retained by the railroad…
2Cases cited1 opinion
- Conaughty v. . NicholsNew York Court of Appeals · 1870
3Cited by11 opinions
- Connecticut Mutual Life Insurance v. Union Trust Co.Supreme Court of the United States · 1884
- Doyle v. BurnsSupreme Court of Iowa · 1904
- McGregor v. Reid, Murdoch & Co.Illinois Supreme Court · 1899
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
- Holderman v. HoodSupreme Court of Kansas · 1904
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