Blydenstein v. New York Security & Trust Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for'the Southern District of New York. This was an action.by Benjamin W. Blydenstein and others against the New York Security & Trust Company to recover the proceeds of certain merchandise^ to which both parties claimed title. A demurrer to one of the defenses interposed by the defendant was sustained. 59 Fed. 12. Upon the trial of the remaining defenses a verdict was directed by the court, and judgment entered accordingly.
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In Error to the Circuit Court of the United States for'the Southern District of New York. This was an action.by Benjamin W. Blydenstein and others against the New York Security & Trust Company to recover the proceeds of certain merchandise^ to which both parties claimed title. A demurrer to one of the defenses interposed by the defendant was sustained. 59 Fed. 12. Upon the trial of the remaining defenses a verdict was directed by the court, and judgment entered accordingly. Plaintiffs bring error. This is a writ of error to review a judgment of the United States circuit court in favor of the…
1Opinion of the Court
LACOMBE, Circuit Judge.
The facts in the case are complicated, and a complete presentation of them is necessary to a proper understanding of the legal points involved. The plaintiffs are bankers doing business in London, England. Lipman & Co. were manufacturers and importers of merchandise doing business in Dundee, Scotland, and having a branch office in New York under the control of one Gutman as their general agent. Wishing to obtain advances upon shipments to this country, Lipman & Co., on October 14, 1891, applied in writing to Blydenstein & Co., proffering a general stipulation or…
2Cases cited8 opinions
- Clark v. IselinSupreme Court of the United States · 1875
- Kimberly v. . PatchinNew York Court of Appeals · 1859
- Gibson v. StevensSupreme Court of the United States · 1850
- Cartwright v. . WilmerdingNew York Court of Appeals · 1862
- Crofoot v. . BennettNew York Court of Appeals · 1849
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3Cited by2 opinions
- Bush v. Export Storage Co.U.S. Circuit Court for the District of Eastern Tennessee · 1904
- New York Security & Trust Co. v. LipmanNew York Supreme Court · 1895