The Bank of Rochester v. . Jones
New York Court of Appeals
This was an action of trover, commenced by -the Bank of Rochester against J ones for 200 barrels of flour. The cause was tried at the Albany circuit in Sept. 1847, before Justice Willabd, who nonsuited the plaintiff in accordance with the opinion of the supreme court, previously given in the cause.
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This was an action of trover, commenced by -the Bank of Rochester against J ones for 200 barrels of flour. The cause was tried at the Albany circuit in Sept. 1847, before Justice Willabd, who nonsuited the plaintiff in accordance with the opinion of the supreme court, previously given in the cause. (See 4 Denio, 489.) The case was this : In July, 1843, W. C. Foster applied, to the cashier of the bank to borrow nine hundred and fifty dollars, for the .purpose of buying of W. Ely 200 barrels of flour. The cashier refused to make the loan without security. Foster proposed to procure the…
1Opinion of the CourtPaige, J.
If the Bank of Rochester had filed a bill in equity for relief, it is quite clear that the bank would have been entitled to a decree declaring their demand against Foster for the moneys advanced on his draft on Jones, an equitable lien on the flour. The bank was entitled to the rights of a "bona fide purchaser for a valuable consideration, without notice of any prior legal or equitable claim to the property. Having advanced their money on the faith of and at the time of the making of the agreement, [500] that the flour should be held as security for the acceptance, or payment of the draft,…
2Cases cited4 opinions
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Briggs v. DorrNew York Supreme Court · 1821
- Thorp v. BurlingNew York Supreme Court · 1814
- Hunn v. BowneNew York Supreme Court · 1804
3Cited by58 opinions
- Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
- Scharff v. MeyerSupreme Court of Missouri · 1896
- Erwin v. HarrisSupreme Court of Georgia · 1891
- First National Bank of Toledo v. ShawNew York Court of Appeals · 1874
- Barth v. ElyMontana Supreme Court · 1929
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