McNaughton v. Cameron
New York Supreme Court
THIS action was brought for the wrongful conversion by the defendant of a large number of pieces of gold coin, amounting to $497, on or about the 31st of October, 1861. The answer denied the conversion, and alleged that the plaintiff, on the day above mentioned was indebted to the defendant on two promissory notes, one amounting to $71, and the other amounting to $426, and that this money was paid and indorsed upon the said notes.
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THIS action was brought for the wrongful conversion by the defendant of a large number of pieces of gold coin, amounting to $497, on or about the 31st of October, 1861. The answer denied the conversion, and alleged that the plaintiff, on the day above mentioned was indebted to the defendant on two promissory notes, one amounting to $71, and the other amounting to $426, and that this money was paid and indorsed upon the said notes. On the trial at the circuit, -the plaintiff proved, as claimed by him, that, on the 28th of October, 1861, the defendant having two notes, purporting to be signed…
1Opinion of the Court
By the Court, Welles, J.
Evidence was given, on the trial, tending strongly to show that the plaintiff did not intend to pay the notes held by the defendant, except on condition that Cameron surrendered them, and that Cameron knew it. If that was so, the taking of the money from the table by Cameron, in the manner described by the witness. McQueen, and refusing to surrender the notes, was tortious *409and wrongful, and no title to it passed to Cameron. Assuming that both of the notes were genuine, and that the plaintiff was justly indebted to the defendant for the amount of them with interest, the…
2Cited by1 opinion
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