Legal Opinion

Randall v. Knevals

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 2 opinions

Appeal by the defendant, Sherman W. Knevals, as assignee of William R; Bunker and Charles B. Caldwell, and of the firm of ■ Caldwell & Bunker, from a final judg'ment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the ■county of New York on the 5th day of June, 1897, upon the report of a referee." The plaintiffs in this action seek, in effect, to recover fourteen bonds for $1,000 each, in the possession of the Bank of America.

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Appeal by the defendant, Sherman W. Knevals, as assignee of William R; Bunker and Charles B. Caldwell, and of the firm of ■ Caldwell & Bunker, from a final judg'ment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the ■county of New York on the 5th day of June, 1897, upon the report of a referee." The plaintiffs in this action seek, in effect, to recover fourteen bonds for $1,000 each, in the possession of the Bank of America. The bank held these bonds as security for certain notes of the ■firm of Caldwell & Bunker. No claim is made against the bank. Its…

1Opinion of the Court

Barrett, J.:

Two questions are presented by this appeal: First, whether the declaration of William R. Bunker, made to the plaintiffs’ agent Randall in the month of February, 1894, was admissible as against the assignee; second, if it' was, whether Caldwell & Bunker were holders of the bonds in good faith.

The declaration was in writing and was signed by Bunker upon the 23d day of February, 1894. It-is quite an elaborate statement, giving a history'of the conversions and misappropriations which ultimately resulted in the possession of .the bonds -by his 'firm. The part of it which is material in…

2Cases cited11 opinions

  1. Bienenstok v. . AmmidownNew York Court of Appeals · 1898
  2. Jaques v. MarquandNew York Supreme Court · 1826
  3. Odiorne v. MaxcyMassachusetts Supreme Judicial Court · 1818
  4. Thorn v. SmithNew York Supreme Court · 1839
  5. Tucker ex rel. Deming v. BradleySupreme Court of Vermont · 1860

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3Cited by2 opinions

  1. Franklin v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1906
  2. Hull v. MinklerWashington Supreme Court · 1958

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