Fairbanks v. . Sargent
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 the first Monday of March, 1886, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.
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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 the first Monday of March, 1886, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Reported below, 39 Hun, 588.) This action was originally brought against Henry W. Sargent, the present plaintiff’s testator, to recover one-third of forty bonds to which one-third interest plaintiff claimed a right as equitable assignee. The material facts are stated in the opinion. The bonds were non-negotiable. (1 Burrill’s…
1Opinion of the Court
Ruger, Ch. J.
The principal question presented by this appeal, when reduced to its simplest form, is whether a part owner of a chose in action, having authority to collect it, is entitled to retain the whole proceeds of such collection as a tona fide purchaser, if received by him in negotiable securities from the debtor.
Were it not that the courts below have answered affirmatively, we would have hardly supposed a contrary conclusion susceptible of reasonable doubt.
Other questions, incidentally involved, also appear from the facts, which, as found by the court, are substantially as follows: In…
2Cases cited10 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Williams v. . IngersollNew York Court of Appeals · 1882
- Bush v. . LathropNew York Court of Appeals · 1860
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
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3Cited by48 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Fairbanks v. . SargentNew York Court of Appeals · 1889
- Fortunato v. . PattenNew York Court of Appeals · 1895
- Holmes v. . EvansNew York Court of Appeals · 1891
- Galveston, Harrisburg & San Antonio Railway Co. v. GintherTexas Supreme Court · 1903
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