The People v. . Bank of North America
New York Court of Appeals
These were cross-appeals from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. The nature of the action and the facts appear sufficiently in the opinion. If defendant collected or in any way exercised dominion over the drafts it is liable either in trover for their conversion or for the money received upon them.
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These were cross-appeals from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. The nature of the action and the facts appear sufficiently in the opinion. If defendant collected or in any way exercised dominion over the drafts it is liable either in trover for their conversion or for the money received upon them. (Talbot v. Bank of Rochester, 1 Hill, 295; Graves v. American Ex. Bank, 17 N. Y., 205; White v. Sweeney, 4 Daly, 223; Bayce v. Brockway, 31 N. Y., 490; Hoffman v.…
1Opinion of the CourtEarl, J.
This is an action, brought by the plaintiff against the defendant, for the conversion of ton drafts payable to the order of the State treasurer, and delivered into his office by various county treasurers for the payment into the State treasury of taxes due the State. The plaintiff recovered for eight of the drafts, numbered from one to eight inclusive, and failed to recover for two drafts, numbered nine and ten. Both parties have appealed to this court from the judgment so far as it is adverse to the party appealing.
We will first consider the appeal of the defendant. . It claims that the…
2Cases cited10 opinions
- N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- Phelps v. . PeopleNew York Court of Appeals · 1878
- Newton v. . BronsonNew York Court of Appeals · 1856
- Hanmer v. WilseyNew York Supreme Court · 1837
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3Cited by63 opinions
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Pierpoint v. HoytNew York Court of Appeals · 1932
- Standard Steam Specialty Co. v. Corn Exchange BankNew York Court of Appeals · 1917
- Bunge Corp. v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1972
- Hamlin's Wizard Oil Co. v. United States Express Co.Illinois Supreme Court · 1914
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