Smith v. . Hall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts are sufficiently set forth in the opinion. It was error to refuse to allow defendant to prove that plaintiff did not own the claim.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts are sufficiently set forth in the opinion. It was error to refuse to allow defendant to prove that plaintiff did not own the claim. (Eaton v. Alger, 57 Barb., 179 ; Sanford v. Sanford, 45 N. Y., 723 ; Davis v. Hoppock, 6 Duer, 255; Andrews v. Bond, 16 Barb., 633; Evans v. Williams, 60 id., 346 ; Thompson v. E. R. R. Co., 45 N. Y., 468; Greenfield v. Mass. Mut. L. Ins. Co., 47 id., 430; Ontario…
1Opinion of the CourtBatallo, J.
The complaint alleged, in substance, that the plaintiff pledged to the defendant $3,000 of town bonds, as security for advances to be made by the defendant. That, afterwards, the plaintiff tendered to the defendant, the full amount of money advanced by him for which the bonds were held in pledge, with the interest thereon, and demanded the bonds, but the defendant refused to deliver them, and had converted them to his own use.
The answer denied these allegations, and averred that the bonds were delivered to the defendant with authority to sell them, and, after paying out of the proceeds a…
2Cases cited1 opinion
- Austin v. . RawdonNew York Court of Appeals · 1870
3Cited by41 opinions
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Standley v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1884
- Spooner v. D., L. & West. RailroadNew York Court of Appeals · 1889
- Berry v. Bank of BakersfieldCalifornia Supreme Court · 1918
- McCargar v. WileyOregon Supreme Court · 1924
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