Castle v. . Corn Exchange Bank
New York Court of Appeals
Appeal from judgment of the G-eneral'Term of the Supreme'. Court in the first judicial department, entered upon an order made January 19,1894, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court, and also affirmed an order denying plaintiff’s motion for a new trial. v This action was brought to recover damages for the conversion of a draft, which came into the possession of the defendant under the following circumstances: In July…
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Appeal from judgment of the G-eneral'Term of the Supreme'. Court in the first judicial department, entered upon an order made January 19,1894, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court, and also affirmed an order denying plaintiff’s motion for a new trial. v This action was brought to recover damages for the conversion of a draft, which came into the possession of the defendant under the following circumstances: In July 1884, Mary C. Melson drew a check on the Farmers’ Rational Bank, of Lancaster, Pennsylvania, to the order of John J. Cameron…
1Opinion of the CourtGray, J.
I think that the determination by the General Term was correct. It proceeded upon the theory that the facts established by the evidence were insufficient to justify an inference that the defendant was placed in the wrong, because of its failure to show that there had been any demand on the part of Cameron. The defendant had come lawfully into possession of the draft in question and a demand by Cameron, if he was entitled to the draft, or to its proceeds, and a refusal after such demand by the defendant, were essential in order to make out a case of conversion. In Addison on Torts, page 312,…
2Cases cited1 opinion
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
3Cited by9 opinions
- MacDonnell v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1908
- In re NortonNew York Supreme Court · 1912
- Halbran v. GrayAppellate Terms of the Supreme Court of New York · 1899
- Irwin v. Reeves Pulley Co.Indiana Court of Appeals · 1897
- J. G. White & Co. v. Ball Engineering Co.Court of Appeals for the Second Circuit · 1924
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