Wheeler v. . Allen
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial district, reversing a judgment in favor of plaintiff entered on a verdict, and directing a new trial. The action was brought to recover the possession of personal property.
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Appeal from order of the General Term of the Supreme Court in the first judicial district, reversing a judgment in favor of plaintiff entered on a verdict, and directing a new trial. The action was brought to recover the possession of personal property. The complaint alleged that the defendant had become possessed of and wrongfully detained from the plaintiff the following goods and chattels of the plaintiff, that is to say: Securities (partially written and partially printed), known as scrip of the Great Western Insurance Company, in and of the city of Hew York, issued by the said company, a…
1Opinion of the Court
It appeared by the testimony of the plaintiff that he, in the spring of 1862, and again in 1864, placed the sum of $1,000 in the hands of the defendant for investment in scrip of the Great Western Insurance Company, both of which sums were represented by him to have been so invested. The first investment was paid off in February or March, 1865, and the avails thereof, with the interest thereon, were received by the defendant, with instructions from the plaintiff to reinvest the amount in the same kind of scrip, that was to be issued in April following, and the defendant stated that such…
2Cited by6 opinions
- Commercial Bank of Keokuk v. . PfeifferNew York Court of Appeals · 1888
- Western Railroad Co. v. . BayneNew York Court of Appeals · 1878
- National Bank of Deposit v. RogersAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Hegeman v. CorriganAppellate Division of the Supreme Court of the State of New York · 1908
- Truman v. Dakota Trust Co.North Dakota Supreme Court · 1915
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