Levy v. Cavanagh
The Superior Court of New York City
This action comes before the Court, at General Term, on a verdict ordered to be taken in favor of the plaintiff, for the amount of his claim, subject to the opinion of the Court on a case to be made, and directed, at the trial, to be heard in the first instance at the General Term. It was tried in December, 1855, before Ch. J. Oakley, and a jury. The action was commenced against the - Union Bank, as defendant.
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This action comes before the Court, at General Term, on a verdict ordered to be taken in favor of the plaintiff, for the amount of his claim, subject to the opinion of the Court on a case to be made, and directed, at the trial, to be heard in the first instance at the General Term. It was tried in December, 1855, before Ch. J. Oakley, and a jury. The action was commenced against the - Union Bank, as defendant. The plaintiff seeks to recover the amount of a check, drawn by Edward Schenck, on the Union Bank, for the sum of $138, and dated January 23d, 1855. It was presented on that day to the…
1Opinion of the Court
By the Court. Duer, Ch. J.—We
are clearly of opinion, that, upon the evidence given on the trial, the plaintiff was not entitled to recover, and that when the parties rested, the complaint ought to have been dismissed, or the Judge should have instructed the jury to render their verdict for the defendant.
It may be admitted, that the moneys arising from the sale of the plaintiff’s goods, so long as they remained in the hands of Schenck, the auctioneer, and could be identified, were as much the property of the plaintiff as the goods of which they were the proceeds. But, if the plaintiff…
2Cases cited1 opinion
- St. John v. American Mutual Life InsuranceThe Superior Court of New York City · 1853
3Cited by4 opinions
- National Bank v. Second National BankIndiana Supreme Court · 1880
- Higgins v. WrightNew York Supreme Court · 1864
- Howe v. ShielsNew York Marine Court · 1878
- Jewett v. DringerSupreme Court of New Jersey · 1878