Chapman v. . Phoenix Nat'l B'k of City of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the oity of ¡New York, entered upon an order made ¡November 4, 1878, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (¡Reported below, 12 J. & S. 340.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the oity of ¡New York, entered upon an order made ¡November 4, 1878, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (¡Reported below, 12 J. & S. 340.) The nature of the action and the material facts are stated in the opinion. By the law of nations, the only lawful judicial proceeding for the' Confiscation of the property of enemies was, upon its" capture upon the high seas. (U. S. v. Stephenson, 3 Ben. 119; U. S. v. 1756 Shares of Cap. Stock, 5 Blatchf. 231; Conrad…
1Opinion of the CourtEarl, J.
This action was commenced in March, 1870, to recover the amount of certain dividends declared between January 1, 1861, and February 1, 1870, by the defendant and its predecessor, upon eighty-four shares of stock claimed to belong to the plaintiff. The defense was that, in 1864, by proceedings then taken in the United States District Court, for the southern district of this State, the stock and the dividends declared before that time were confiscated under two acts of Congress; the one approved August 6,1861, and the other approved July 17, 1862.
The facts, so far as material to a proper…
2Cases cited4 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Day v. MicouSupreme Court of the United States · 1874
- Conrad v. WaplesSupreme Court of the United States · 1878
3Cited by23 opinions
- Baumann v. BaumannNew York Court of Appeals · 1929
- Rice v. Dept. of Health & RehabilitativeDistrict Court of Appeal of Florida · 1980
- Stuart v. Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1972
- In Re Petition of KruzelWisconsin Supreme Court · 1975
- Bacon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1926
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