Annett v. Chase National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Chase National Bank, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of November, 1920, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of November, 1920, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Greenbaum, J.:
The action is for conversion of a draft payable to the order of the plaintiff. The answer sets up a general denial and defenses of ratification and estoppel. The facts are as follows: The plaintiff was the owner* of a mortgage executed by one *633Donald McVickar for $1,850 on property situated in Dade county, Fla. The note for which the mortgage was given as security fell due on August 6,1919. According to the plaintiff he instructed his lawyer, one James T. Bunt, to attend to the collection of the mortgage debt. After retaining Bunt, the plaintiff received a letter from one Fossey,…
2Cases cited3 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Cooke v. United StatesSupreme Court of the United States · 1875
- Redington v. WoodsCalifornia Supreme Court · 1873
3Cited by3 opinions
- Stern v. President & Directors of the Manhattan Co.Appellate Terms of the Supreme Court of New York · 1929
- Manufacturers Trust Co. v. United States Mortgage & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Markovich v. American Exchange Irving Trust Co.New York City Court · 1928