Lane v. Bailey
New York Supreme Court
APPEAL from a judgment at the circuit in favor of the plaintiffs, for $2703.80, and from an order denying a new trial on the judge’s minutes. The plaintiffs are assignees of the firm of Lane & Guild, under a general assignment made May 8, 1861, for the benefit of creditors.
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APPEAL from a judgment at the circuit in favor of the plaintiffs, for $2703.80, and from an order denying a new trial on the judge’s minutes. The plaintiffs are assignees of the firm of Lane & Guild, under a general assignment made May 8, 1861, for the benefit of creditors. This action was brought to recover the sum of $2300, with interest, for an alleged conversion of certain notes left with the defendants by Lane & Guild, the assignors of the plaintiffs, as collateral security for the payment of moneys due the defendants. The plaintiffs claimed that the notes were left as security for a…
1Opinion of the Court
By the Court, Clerke, J.
I. As to the question of fact, whether the promissory notes were pledged merely to secure the borrowed money, ($5000,) or whether they were pledged to secure the whole indebtedness due from the assignors of the plaintiff's to the defendants, is a question of fact submitted to the jury on conflicting evidence, with which it is not proper that we should interfere.
II. The offer of the defendants to prove that it was the' practice of their firm, on extending time, to demand col-laterals, was not admissible. The question as to the extent' of the pledge depended entirely on…
2Cases cited2 opinions
- Myers v. . DavisNew York Court of Appeals · 1860
- Murray v. RiggsCourt for the Trial of Impeachments and Correction of Errors · 1818
3Cited by3 opinions
- Wyckoff v. . AnthonyNew York Court of Appeals · 1882
- Wyckoff v. AnthonyNew York Court of Common Pleas · 1880
- Hodges v. the Richmond Manufacturing CompanySupreme Court of Rhode Island · 1871