Birdsall v. Russell
The Superior Court of New York City
Exceptions taken on the trial, and directed by the court to be heard in the first instance at general term. The action was brought by William Birdsall, jr. and Thomas W. Birdsall, as executors, &c. of William Birdsall, deceased, to recover the possession of two railroad bonds, which the plaintiffs alleged had been wrongfully taken from their possession, had been altered in the numbering, and had come to the possession of the defendant.
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Exceptions taken on the trial, and directed by the court to be heard in the first instance at general term. The action was brought by William Birdsall, jr. and Thomas W. Birdsall, as executors, &c. of William Birdsall, deceased, to recover the possession of two railroad bonds, which the plaintiffs alleged had been wrongfully taken from their possession, had been altered in the numbering, and had come to the possession of the defendant. The cause was tried before Justice Robeetson, and a jury. The material parts of the evidence are fully stated in the opinions. At the close of the testimony…
1Dissent
Robertson, J. (dissenting.)
Two issues of fact were presented in this case. 1st. The former ownership, by the plaintiffs’ testator, of the bonds bought by the defendant. 2d. Notice from the appearance of such bonds, when bought, sufficient to make the defendant suspect the ownership of the seller.
Dr. Kittredge, a witness for the plaintiffs, who was secretary and treasurer of the company issuing such bonds, testified that only five hundred and twenty-five similar bonds were issued, which he received in blank from Mr. Coe, the mortgagee in trust, with the certificates signed by the latter; the…
2Cases cited6 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- State of Illinois v. DelafieldNew York Court of Chancery · 1840
- Bank of Rome v. . Village of RomeNew York Court of Appeals · 1859
- Vernon v. Manhattan Co.New York Supreme Court · 1837
- Gould v. Town of VeniceNew York Supreme Court · 1859
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