Western Railroad Co. v. . Bayne
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 11 Hun, 166.) The facts appear sufficiently in the opinion. An action at law by the sole obligor upon a' bond for the recovery of its possession cannot be maintained.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 11 Hun, 166.) The facts appear sufficiently in the opinion. An action at law by the sole obligor upon a' bond for the recovery of its possession cannot be maintained. (Todd v. Crookshanks, 3 J. R., 432; Williams on Personal Property, *370; Wright v. Wright, 54 New York, 442; Wood v. Orser, 25 id., 348; Barnett v. Selling, 3 Abb. [N. C.], 91; Powell v. Waters, 8 Cow., 670, 697; Gale v. Miller, 54 N.…
1Opinion of the CourtFolger, J.
This is a suit brought by the plaintiff to compel the surrender to it of certain written instruments made by it, in the form of bonds, for the payment of money, with damages for the detention of them ; or if a surrender cannot be made, for the recovery of the value thereof; or for further or other relief.
Two points are made in this court which were not raised below, or not pressed there upon the attention of the court.
The first is somewhat technical, and is based upon the form and allegations of the complaint, the form of the judgment, and the peculiar nature and state of the instruments in…
2Cases cited2 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Wheeler v. . AllenNew York Court of Appeals · 1872
3Cited by13 opinions
- Hillsley v. State Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1965
- Land Oberoesterreich v. GudeCourt of Appeals for the Second Circuit · 1940
- Office of the Comptroller General v. International Promotions & Ventures, Ltd.District Court, S.D. New York · 1985
- Cobbey v. PetersonSupreme Court of Colorado · 1931
- Boyer v. FennAppellate Terms of the Supreme Court of New York · 1897
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