Taylor v. Ketchum
The Superior Court of New York City
This case comes up on exceptions directed to be heard in the first instance, at general term, and on appeal from an order denying a new trial at special term.
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This case comes up on exceptions directed to be heard in the first instance, at general term, and on appeal from an order denying a new trial at special term. The plaintiff’s action is brought to recover damages for the conversion by defendants of securities, consisting of United States bonds placed in the defendants’ hands by the plaintiff to be taken care of by them, and for selling gold coin placed in their hands to be sold when it reached a certain price; alleging ■that defendants sold the gold for less than they were instructed to receive therefor in currency, thus violating the…
1Opinion of the Court
By the court, Garvin, J.
To sustain this action the plaintiff was bound to show title in himself to the securities and coin for the conversion of which it is brought. There was abundant evidence to sustain the verdict, provided that question is to turn simply upon the issues found by the jury. Upon the first question, that of title, the property either belonged to the plaintiff or the defendants, and it will hardly be contended that the defendants were the owners of the coin or .securities. Irrespective of the defendants’ lien thereon, there can be no doubt that the plaintiff was the owner and…
2Cases cited3 opinions
- Lansing v. WiswallNew York Supreme Court · 1848
- Rodes v. . BronsonNew York Court of Appeals · 1866
- Genet v. Howland & AspinwallNew York Supreme Court · 1866
3Cited by6 opinions
- Ford v. SnookAppellate Division of the Supreme Court of the State of New York · 1923
- Vincent v. BellCourt of Appeals of Texas · 1929
- Lindheim v. DuysThe Superior Court of New York City · 1895
- Ebersole v. Northern Central Railway Co.New York Supreme Court · 1880
- Lindheim v. DuysThe Superior Court of the City of New York and Buffalo · 1895
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