Industrial & General Trust, Ltd. v. Tod
New York Court of Appeals
Appeal from a judgment, entered June 12, 1900, upon an order of the Appellate Division of the Supreme Court in the second judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance bv the Appellate Division, and ^directing judgment for plaintiff Tupon a verdict and affirming an order denying a motion to set aside such verdict and for a new trial.
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Appeal from a judgment, entered June 12, 1900, upon an order of the Appellate Division of the Supreme Court in the second judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance bv the Appellate Division, and ^directing judgment for plaintiff Tupon a verdict and affirming an order denying a motion to set aside such verdict and for a new trial. The plaintiff instituted this action to recover damages of the defendants for the alleged conversion by them of 570 bonds of the Birmingham, Sheffield and Tennessee River Railway Company, a corporation of the…
1Opinion of the Court
Gray,' J.
The action was brought, and a recovery was had, upon the theory that the defendants, by their acts, were guilty of such unauthorized interference, or intermeddling, with the plaintiff’s property, as to constitute a conversion. In the language of the plaintiff’s brief, it is contended that, “the defendants, by proceeding to the sale of the railroad property without formulating a plan and under circumstances which prevented the plaintiff from protecting itself by withdrawing its bonds; by using such bonds on the purchase, and by asserting absolute dominion over them, became guilty of…
2Cases cited14 opinions
- Laverty v. . SnethenNew York Court of Appeals · 1877
- Pease v. . SmithNew York Court of Appeals · 1875
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Cox v. . StokesNew York Court of Appeals · 1898
- Ganley v. . Troy City National BankNew York Court of Appeals · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Vigilant Insurance of America v. Housing Authority of El PasoNew York Court of Appeals · 1995
- Thyroff v. Nationwide Mutual InsuranceNew York Court of Appeals · 2007
- VIGILANT INS v. Hous. Auth.New York Court of Appeals · 1995
- Industrial General Trust, Ltd. v. . TodNew York Court of Appeals · 1905
- Refrigeration Discount Corp. v. CatinoMassachusetts Supreme Judicial Court · 1953
23 more not listed; retrieve them via the Exa API.