Knox v. Eden Musee Americain Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 15, 1893, which affirmed a judgment in favor of the plaintiff entered upon the report • of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 15, 1893, which affirmed a judgment in favor of the plaintiff entered upon the report • of a referee. This action was brought to recover damages alleged to have-been sustained, through the defendant’s alleged negligence in failing to cancel three certificates of its capital stock, surrendered to -it for transfer, which the plaintiff claimed he was induced to receive as valid, although other certificates had been issued in their stead. The report of the referee…
1Opinion of the Court
Andrews, Ch. J.
The rigid rule of the common law which prohibited the assignment of dioses in action was, in England, at an early day, relaxed to some extent to conform to the usages of merchants and the necessities of commerce, and at length, by the aid of statutes and judicial decisions, bills of exchange and promissory notes were completely taken out of its influence, and they came to have distinct attributes and qualities not pertaining to any other form of contract. They were not only made transferable by delivei-y and suable in the name of the transferee, but, contrary to the general…
2Cases cited6 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- Barstow v. Savage Mining Co.California Supreme Court · 1883
- M.L. Ins. Co. v. . F.S.S. G.S.F.R.R. Co.New York Court of Appeals · 1893
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3Cited by99 opinions
- National Safe Deposit, Sav. & Trust Co. of DC v. HibbsSupreme Court of the United States · 1913
- Marden v. . DorthyNew York Court of Appeals · 1899
- Cheever v. Pittsburgh, Shenango & Lake Erie RailroadNew York Court of Appeals · 1896
- O'Neill v. City of Port JervisNew York Court of Appeals · 1930
- Pierpoint v. HoytNew York Court of Appeals · 1932
94 more not listed; retrieve them via the Exa API.