Hynes v. . Patterson
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 January 7, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 28 Hun, 528.) The nature of the action and the facts, so far as material, are stated in the opinion.
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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 January 7, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 28 Hun, 528.) The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff, having received and retained a part of the proceeds of the alleged conversion, cannot maintain this action until he returns, or offers to return, the sum so received. (Add. on Torts [Banks & Bros.’ ed.], 44; Elwell v. Chamberlin, 31 N. Y. 611, 619;…
1Opinion of the CourtMiller, J.
This action was brought for the conversion of certain notes, executed by the plaintiff, which were diverted from their original purpose and transferred to third parties, who prosecuted and compelled the plaintiff to pay the same. The notes were delivered to the defendants’ testator by plaintiff, under an agreement that they were to be discounted for the benefit of the former, and from the proceeds thereof ten per cent was to be paid to the plaintiff for the loan thereof, and the balance to be appropriated to the liquidation of the indebtedness on certain real estate, which was to be conveyed…
2Cases cited3 opinions
- Comstock v. . HierNew York Court of Appeals · 1878
- Decker v. . MathewsNew York Court of Appeals · 1855
- Murray v. BurlingNew York Supreme Court · 1813
3Cited by17 opinions
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- Shindler v. LambNew York Supreme Court · 1959
- Central Trust Co. v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1979
- Kittredge v. GrannisNew York Court of Appeals · 1926
- Cooper v. WeissblattAppellate Terms of the Supreme Court of New York · 1935
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