Crane v. Onderdonk
New York Supreme Court
APPEAL, by the plaintiff, from a judgment entered at a Special Term, dismissing the complaint. TMs action was tried at a Special Term of this court, in October, 1872, before Justice Barrett. The defendants Onderdonk and Field are the only ones who answered or contested the action. No testimony was introduced by them on the trial.
Read the full summary
APPEAL, by the plaintiff, from a judgment entered at a Special Term, dismissing the complaint. TMs action was tried at a Special Term of this court, in October, 1872, before Justice Barrett. The defendants Onderdonk and Field are the only ones who answered or contested the action. No testimony was introduced by them on the trial. The complaint alleges, and the plaintiff proved, the following among other facts: That in the month of February, 1871, one John Van Dyke, then residing at Wabasha, in the state of Minnesota, held 600 shares of the capital stock of the Ebervale Coal Company, of the…
1Opinion of the Court
By the Court, Brady, J.
The plaintiff in this action was not entitled to the stock held by Van Dyke, until the amount for which he held it as collateral was paid. Onderdonk, to whom Van Dyke sent it for delivery to the person paying the lien upon it, converted it to his own use before any payment was made, advising Van Dyke that he had thus taken it, and remitting payment of the debt due the latter. Onderdonk, having received the stock for the purpose of transferring it to such person as Stout designated, transcended the power conferred upon him, and was guilty of misfeasance towards the owner…
2Cases cited2 opinions
- Dunn v. SnellMassachusetts Supreme Judicial Court · 1819
- Hecker v. De GrootNew York Supreme Court · 1857
3Cited by4 opinions
- Mathonican v. Scott & BaldwinTexas Supreme Court · 1894
- In re the Judicial Settlement of the Accounts of CushmanNew York Surrogate's Court · 1916
- McDermott v. ConleyNew York Supreme Court · 1890
- Olvany v. Nyamco Associates, Inc.City of New York Municipal Court · 1935