Stevens v. Trask
New York Court of Common Pleas
Appeal from trial term. Action by Julia A. Stevens against Spencer Trask and another to recover from defendants the proceeds of five bonds, of $1,000 each, of the Delaware & Hudson Canal Company, payable July 1, 1884, which plaintiff claims she caused to be delivered, to the defendants for collection about said date.
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Appeal from trial term. Action by Julia A. Stevens against Spencer Trask and another to recover from defendants the proceeds of five bonds, of $1,000 each, of the Delaware & Hudson Canal Company, payable July 1, 1884, which plaintiff claims she caused to be delivered, to the defendants for collection about said date. The defense was that the proceeds of the bonds were paid by the defendants to the husband of the plaintiff, from whom they were received for collection, he representing himself to be the owner of the same, and that such payment was made in good faith, and without any notice of…
1Opinion of the CourtDaly, C. J.
The evidence is undisputed that the bonds were delivered to 'the defendants by the plaintiff’s husband, Thomas W. Stevens, together with ’the usual form of irrevocable stock power, executed by the plaintiff in blank. "The act of the plaintiff in intrusting these documents to her husband invested •him with the indicia of ownership, and conferred upon a purchaser in good faith for value a perfect title, not affected by any equities between plaintiff and •her husband. McNeil v. Bank, 46 N. Y. 325. The defendants were holders •for value because they credited the proceeds of the bonds upon the…
2Cases cited6 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Losee v. MoreyNew York Supreme Court · 1865
- Remsen v. . GravesNew York Court of Appeals · 1869
- Raines v. TotmanNew York Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Campbell Printing Press & Manuf'g Co. v. YorkstonNew York Court of Common Pleas · 1895
- McGann v. McGannSupreme Court of Oklahoma · 1934
- Sweeney v. HewettSouth Dakota Supreme Court · 1914
- Kennedy v. First State Bank of WallSouth Dakota Supreme Court · 1914
- Lummis v. Van DykeAppellate Division of the Supreme Court of the State of New York · 1897
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