Nicolay v. . Unger
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict. This action was brought to recover back the purchase-price paid by plaintiffs for a forged bond, alleged to have been sold to them by defendants.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiffs, entered upon a verdict. This action was brought to recover back the purchase-price paid by plaintiffs for a forged bond, alleged to have been sold to them by defendants. Defendants claimed that plaintiffs purchased the bond of one Wolfshon, who was the owner; that he had pledged it as collateral security for a loan to one Schumacher, who pledged it, with others, to defendants; that the defendants simply delivered it by the direction of Schumacher,…
1Opinion of the CourtMiller, J.
If the defendants were the mere pledgees of the bond in controversy, and held it as security for a loan made to Schumacher, and the owner, Wolfshon, sold the bond to the plaintiffs, it is entirely plain that the plaintiffs cannot recover in this action. Whether the plaintiffs purchased the bond of the defendants without knowledge of any ownership by any one except the defendants, and believed that the defendants were the owners with sufficient reason to warrant such a conclusion, was the question of fact which was controverted upon the trial. If that was established by the evidence, then a…
2Cases cited4 opinions
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- De Wolf v. WilliamsNew York Court of Appeals · 1877
- Davis v. PeckNew York Supreme Court · 1867
3Cited by19 opinions
- Jantzen v. Emanuel German Baptist ChurchSupreme Court of Oklahoma · 1910
- O'Farrell v. De O'FarrellCourt of Appeals of Texas · 1909
- Campbell v. PeacockCourt of Appeals of Texas · 1915
- Pichler v. . ReeseNew York Court of Appeals · 1902
- People v. . MingeyNew York Court of Appeals · 1907
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