Case v. . the Mechanics' Banking Association
New York Court of Appeals
Philip Case brought trover in the superior court of the city of ¡New-York against the Mechanics’ Banking Association, for the conversion of certain drafts or checks drawn by [167] other parties upon the Bank of Commerce and other banks in the city of New-York, payable to the order of the plaintiff.
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Philip Case brought trover in the superior court of the city of ¡New-York against the Mechanics’ Banking Association, for the conversion of certain drafts or checks drawn by [167] other parties upon the Bank of Commerce and other banks in the city of New-York, payable to the order of the plaintiff. On the trial before Oaklet, O. J. it appeared that the plaintiff was in the habit of sending checks to one David How in New-York, to be converted into cash for the purpose of purchasing eastern money. On the 4th of January, 1848, he sent the checks in question, amounting to $7102,85, indorsed to…
1Opinion of the CourtPratt, J.
The only question presented by this case is whether the evidence upon the trial was sufficient to authorize the court to submit it to a jury. The plaintiff declared against the defendant for converting several checks and certificates of deposit, and it was incumbent upon him to prove the allegations in his declaration. The instruments alledged to have been wrongfully converted belonged to a class of mercantile paper. [168] They had not been dishonored when they came into defendant’s possession, and were, therefore, subject to all the rules applicable to ordinary negotiable paper, and the bank…
2Cases cited1 opinion
- Vallett v. ParkerNew York Supreme Court · 1831
3Cited by12 opinions
- Vosburgh v. . DiefendorfNew York Court of Appeals · 1890
- In re Hopper-Morgan Co.District Court, N.D. New York · 1907
- Flour City Nat. Bank of Rochester v. GroverNew York Supreme Court · 1895
- In re Hopper-Morgan Co.District Court, N.D. New York · 1907
- Hazard v. SpencerSupreme Court of Rhode Island · 1891
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