Legal Opinion

Empire Dairy Feed Co. v. Chatham National Bank

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

Decided July 1, 1898PublishedCited by 6 opinions

Appeal by the defendant, The Chatham National Bank of New .York, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of April, 1898, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s demurrer to two counterclaims contained in the answer of the defendant.

1Opinion of the Court

Barrett, J.:

The action is to recover damages for the conversion of a promissory note made by the plaintiff, and of certain collaterals thereto. The complaint avers the making of the note, “ whereby it (the plaintiff) promised to pay to the defendant * * * ten hundred and fifty dollars with interest; ” that as collateral security for this note it “left with ” the defendant the collaterals in question; that after the note became due the plaintiff tendered to the defendant the amount due on the note, and thereupon demanded the note and the col-laterals ; that the defendant refused to surrender…

2Cases cited8 opinions

  1. Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
  2. Smith v. . HallNew York Court of Appeals · 1876
  3. Ter Kuile v. MaralandNew York Supreme Court · 1894
  4. Thompson v. . KesselNew York Court of Appeals · 1864
  5. Dinan v. . ConeysNew York Court of Appeals · 1894

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3Cited by6 opinions

  1. Kinsman v. StanhopeMontana Supreme Court · 1914
  2. Deagan v. WeeksAppellate Division of the Supreme Court of the State of New York · 1901
  3. Deagan v. WeeksAppellate Division of the Supreme Court of the State of New York · 1901
  4. Adenaw v. PiffardAppellate Division of the Supreme Court of the State of New York · 1910
  5. Nelson v. SwansonWashington Supreme Court · 1934

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