Seybel v. . National Currency Bank
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, reversing a judgment in favor of plaintiff entered' on a verdict, and granting a new trial. This action was brought to recover the value of two United States bonds, for $1,000 each, payable in 1881, which had been stolen from the plaintiff and purchased by the defendant.
Read the full summary
Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, reversing a judgment in favor of plaintiff entered' on a verdict, and granting a new trial. This action was brought to recover the value of two United States bonds, for $1,000 each, payable in 1881, which had been stolen from the plaintiff and purchased by the defendant. They were stolen on the evening of September 12, 1865, and bought by the defendant, in the regular course of its business, on the next day. The facts, so far as they are material, are sufficiently stated in the opinions.…
1Opinion of the Court
Lott, Ch. C.
A new trial was properly granted in this case, on the ground of the improper exclusion of evidence offered on the part of the defendant. It is stated in the respondent’s points that the bonds in question were payable to bearer. I do not find that fact proven, but it appears to have been assumed on the trial that they were such, or at least transferable by delivery. They must, therefore, be deemed to have been of that description. The plaintiff proved a demand of them from the defendant on or about the 23d day of September, 1865, being eleven days after they were stolen, and its…
2Cases cited4 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Magee v. . BadgerNew York Court of Appeals · 1866
- Hall v. WilsonNew York Supreme Court · 1853
- Steinhart v. BokerNew York Supreme Court · 1861
3Cited by36 opinions
- Canajoharie National Bank v. DiefendorfNew York Court of Appeals · 1890
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Connelly v. Greenfield Savings BankSupreme Court of Iowa · 1921
- Kittredge v. GrannisNew York Court of Appeals · 1926
- Blackman v. Lehman, Durr & Co.Supreme Court of Alabama · 1879
31 more not listed; retrieve them via the Exa API.