Weyerhauser v. . Dun
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon .an order made March 20, 1883, which affirmed a judgment in favor of defendants, entered upon a verdict directed by the trial court. This action was brought to recover damages for the alleged conversion of a promissory note.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon .an order made March 20, 1883, which affirmed a judgment in favor of defendants, entered upon a verdict directed by the trial court. This action was brought to recover damages for the alleged conversion of a promissory note. In June, 1875, plaintiffs, who were the owners of a promissory note, executed to them by the Indianapolis, Bloomington and Western Railroad Company, indorsed by Benjamin E. Smith and C. B. Griggs, placed the same in the hands of defendants, who constituted a…
1Opinion of the CourtFinch, J.
A possible view of the facts in this case is that the defendants were authorized by the plaintiffs to surrender the note, for the conversion of which they are sued, upon receiving in exchange the renewal note of the railroad company, drawing ten per cent interest, and with the same indorsers. The note which the agents of the defendants took was a printed form, indorsed by Smith and Griggs, while blanks for the date, the amount and the payees were left unfilled, and was one of a number placed by them in the hands of Lewis, the secretary and treasurer of the railroad company, for use in that…
2Cases cited5 opinions
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- Van Duzer v. . HoweNew York Court of Appeals · 1860
- Holland v. HatchIndiana Supreme Court · 1859
- Kitchen v. PlaceNew York Supreme Court · 1864
- Page v. MorrellNew York Court of Appeals · 1866
3Cited by14 opinions
- Sterling National Bank and Trust Co. Of New York v. Fidelity Mortgage InvestorsCourt of Appeals for the Second Circuit · 1975
- Hulburt v. WalkerNew York Court of Appeals · 1931
- Farmers & Merchants National Bank v. NovichTexas Supreme Court · 1896
- Indemnity Insurance Co. of North America v. American Deseret Ltd. PartnershipDistrict Court, S.D. New York · 1993
- Farmers' National Bank v. ThomasNew York Supreme Court · 1894
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