M. Jacoby & Co. v. Payson
New York Supreme Court
Appeal from circuit court, New York county. Action by M. Jacoby & Co., Limited, against George D. Payson,. executor, and Alice D. Adams, executrix, of Elisha J. Dennison. From a judgment entered on a verdict directed by the court in favor of plaintiff, and from an order denying a motion for a new trial,, made on the minutes, defendants appeal.
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Appeal from circuit court, New York county. Action by M. Jacoby & Co., Limited, against George D. Payson,. executor, and Alice D. Adams, executrix, of Elisha J. Dennison. From a judgment entered on a verdict directed by the court in favor of plaintiff, and from an order denying a motion for a new trial,, made on the minutes, defendants appeal. This action was begun April 12, 1892, against Elisha J. Dennison, to recover damages for the alleged conversion of the following check: “No. 230. New York, Nov. 20th, 1890. “Bank of America: Pay to the order of M. Jacoby & Co. forty-six hundred and…
1Opinion of the CourtFollett, J.
It is agreed that the check which is the subject of this action was the property of the plaintiff, and that its title thereto could not be divested without its act or the act of an agent having power to transfer it. It is conceded that the check was not received by the plaintiff. The defendants insist that their testator acquired title to the check through the indorsement thereon of the plaintiff’s name by Henry L. Fesler. On the former trial it appeared that defendants’ testator received the check from Fesler in part payment of a debt owing by the latter to the former; but that fact was not…
2Cases cited3 opinions
- Holtsinger v. National Corn Exchange BankThe Superior Court of New York City · 1869
- Holtsinger v. National Corn Exchange BankThe Superior Court of New York City · 1869
- Chatham National Bank v. HochstadterNew York Court of Common Pleas · 1883
3Cited by4 opinions
- Catholic Foreign Mission Society of America v. OussaniNew York Court of Appeals · 1915
- Citizens & Southern National Bank v. DavisCourt of Appeals of Georgia · 1936
- Goodwin v. SommerAppellate Terms of the Supreme Court of New York · 1906
- Morris v. HofferberthAppellate Division of the Supreme Court of the State of New York · 1903