Wyckoff v. Anthony
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the dismissal of a complaint at the trial. The action was brought to recover damages for the alleged conversion by the defendants of certain bonds, deposited with them by the plaintiff as collateral security for the payment of a promissory note made by the plaintiff payable to the defendants, the amount due upon which had been tendered by him to them, and the redelivery of the bonds to him demanded before the action.
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Appeal from a judgment of this court entered upon the dismissal of a complaint at the trial. The action was brought to recover damages for the alleged conversion by the defendants of certain bonds, deposited with them by the plaintiff as collateral security for the payment of a promissory note made by the plaintiff payable to the defendants, the amount due upon which had been tendered by him to them, and the redelivery of the bonds to him demanded before the action. The facts are stated in the opinion. Upon the trial the complaint was dismissed, and judgment for the defendants was entered…
1Opinion of the Court
Charles P. Daly, Chief Justice.
It was stated on the argument, that the complaint was dismissed by the judge below, solely on the ground that Gillman was not joined as a party plaintiff; and that the judge ruled against the defendants on the five other grounds on which they moved for the dismissal of the complaint. As this, however, does not appear in the case as settled, we shall have to consider all the grounds on which the motion was made; for, if any of them should be good, the judgment would have to be affirmed. It would be convenient to consider last, the ground upon which the judge is…
2Cases cited7 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Salter v. . HamNew York Court of Appeals · 1865
- Chase v. BarrettNew York Court of Chancery · 1833
- Johnson v. . CarnleyNew York Court of Appeals · 1854
- Snell v. De LandIllinois Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mechanics' & Traders' Bank v. LivingstonNew York Court of Common Pleas · 1893