Gillet v. . Bank of America
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 9, 1897, sustaining exceptions ordered to be heard before that court in the first instance, a verdict having been directed by the Trial Term in favor of the plaintiff. . This action was brought to recover damages for the wrongful conversion, by defendant, of certain securities alleged to belong to the plaintiff.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 9, 1897, sustaining exceptions ordered to be heard before that court in the first instance, a verdict having been directed by the Trial Term in favor of the plaintiff. . This action was brought to recover damages for the wrongful conversion, by defendant, of certain securities alleged to belong to the plaintiff. The facts, so far as material, are stated in the opinion. The note signed by Dan Talmage’s Sons, being in the printed form prepared and used by the Bank of America,…
1Opinion of the CourtMartin, J.
The plaintiff’s assignors constituted the firm of Dan Talmage’s Sons, and as such were customers of the defendant, which was engaged in the banking business in the city of New York. For a considerable time before the 22nd day of January, 1896, the defendant had not discounted any of the commercial paper of the assignors, although they had considerable outstanding. They had, however, kept their account at this bank for years. -On that day they procured a loan from the defendant of $35,000, executed a note therefor and delivered to it certain property and .securities to insure the payment of…
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- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- White v. . HoytNew York Court of Appeals · 1878
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- Parshall v. . EggertNew York Court of Appeals · 1873
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- Gins v. Mauser Plumbing Supply Co.Court of Appeals for the Second Circuit · 1945
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