Manhattan Savings Institution v. New York National Exchange Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 8, 1900, affirming a judgment in favor of defendant entered upon a verdict directed by the court. This action is in replevin, for the recovery of ten bonds claimed to be the property of the plaintiff and to be wrongfully detained by the defendant.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 8, 1900, affirming a judgment in favor of defendant entered upon a verdict directed by the court. This action is in replevin, for the recovery of ten bonds claimed to be the property of the plaintiff and to be wrongfully detained by the defendant. The answer set up, as an affirmative defense, that the bonds were negotiable securities and had been pledged to the defendant as collateral security for a loan of money. The bonds were part of a series issued by the city of Yonkers,…
1Opinion of the CourtGray, J.
Very elaborate and careful opinions were delivered at the Appellate Division, upon the affirmance of the judgment below and upon the previous hearing of the defendant’s exceptions, after the direction of a verdict for the plaintiff, when the new trial was ordered. (42 App. Div. 147.) Any extended discussion becomes, therefore, unnecessary. Whether the plaintiff, or the defendant, must sustain a loss is, very plainly, a question which turns upon the character of these bonds and upon the circumstances under which the defendant acquired their possession. The plaintiff lost them, as the result of…
2Cases cited8 opinions
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- American Exchange National Bank v. New York Belting & Packing Co.New York Court of Appeals · 1896
- Van Duzer v. . HoweNew York Court of Appeals · 1860
- Birdsall v. . RussellNew York Court of Appeals · 1864
- Ledwich v. . McKimNew York Court of Appeals · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Whiting v. . Hudson Trust Co.New York Court of Appeals · 1923
- Manufacturers & Traders Trust Co. v. SapowitchNew York Court of Appeals · 1947
- Mechanics & Metals National Bank of New York v. PingreeIdaho Supreme Court · 1924
- Road Improvement District No. 4 v. Southern Trust Co.Supreme Court of Arkansas · 1922
- Town of Eastchester v. Mount Vernon Trust Co.Appellate Division of the Supreme Court of the State of New York · 1916
11 more not listed; retrieve them via the Exa API.