Bowker Fertilizer Co. v. . Cox
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 December 13, 1884, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was brought in October, 1882, 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 December 13, 1884, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was brought in October, 1882, for the alleged conversion of a promissory note. The answer set up a former suit pending, and that the judgment was satisfied by the voluntary discharge of defendant from a body execution issued in the former action. Defendant succeeded on both grounds. The facts, so far as material, are stated in the…
1Opinion of the CourtFinch, J.
The trial court found, as a fact, that at the date of the commencement of this action, and at the time of its trial, there was pending and undetermined an action on contract for the recovery of the money and the proceeds of the note, for the conversion of which this action was sought to be maintained. The case shows that the original action was brought in March, 1882, to recover the proceeds of two notes entrusted to the defendant for sale, and unaccounted for by him, and in reliance upon his statement that both had passed out of his possession. That statement was found at a later date to…
2Cases cited1 opinion
- Averill v. . PattersonNew York Court of Appeals · 1853
3Cited by6 opinions
- United States v. Oregon Lumber Co.Supreme Court of the United States · 1922
- Dowdy v. CalviArizona Supreme Court · 1912
- Gentilala v. Fay Taxicabs, Inc.Appellate Division of the Supreme Court of the State of New York · 1925
- Trustees of East Hampton v. BowmanNew York Supreme Court · 1891
- Ajamian v. SchlangerNew Jersey Superior Court Appellate Division · 1953
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