First National Bank of Toledo v. Shaw
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment entered in favor of the defendants upon a verdict, and affirming an order denying a motion for a new trial. This action was for the claim and delivery of personal property. The property in question was 7,700 bushels of Michigan amber wheat.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment entered in favor of the defendants upon a verdict, and affirming an order denying a motion for a new trial. This action was for the claim and delivery of personal property. The property in question was 7,700 bushels of Michigan amber wheat. The plaintiffs made claim to it, under the following circumstances: T. W. Griffin & Co. were dealers in grain in the city of Mew York. Their correspondents at Toledo, Ohio, were Carrington & Casey, grain commission merchants, who purchased…
1Opinion of the Court
Dwight, C.
The plaintiff in this case under the bill of lading executed at Toledo, had the legal title to the property. True, it held this not as absolute owner, but to secure its advances, the ultimate interest'appertaining to Griffin & Go., still, the title was in the plaintiff. So long as the advances were not paid, there was no theory whereby Griffin & Co., could claim title. It had never been in them. At the moment their interest, whatever it was, accrued to them, it came to them burdened with the formal ownership of the plaintiff. The bank held the title in trust for Griffin & Co., after…
2Cases cited14 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- Cartwright v. . WilmerdingNew York Court of Appeals · 1862
- City Bank v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- W. A. Ryan & Co. v. M., K. & T. R'y Co.Texas Supreme Court · 1886
- Allen v. St. Louis BankSupreme Court of the United States · 1887
- Moors v. . KidderNew York Court of Appeals · 1887
- Missouri, Kansas & Texas Railway Co. v. Hutchings, Sealy & Co.Supreme Court of Kansas · 1908
- Lawson v. TrippUtah Supreme Court · 1908
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