Bank of New York National Banking Ass'n v. American Dock & Trust 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 June 5,1893, which overruled plaintiff’s exceptions and directed judgment in favor of defendant dismissing the complaint. This action was brought to recover damages alleged to have been sustained by plaintiff through the issuing of a spurious warehouse receipt by defendant. The facts, so far as material, are stated in the opinion.
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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 June 5,1893, which overruled plaintiff’s exceptions and directed judgment in favor of defendant dismissing the complaint. This action was brought to recover damages alleged to have been sustained by plaintiff through the issuing of a spurious warehouse receipt by defendant. The facts, so far as material, are stated in the opinion. It was error to exclude the conversation between Mr. Stone and the officers of the bank at the time the warehouse receipt was delivered to the…
1Opinion of the CourtPeckham, J.
The defendant herein was authorized by its charter to receive goods for storage and issue warehouse receipts, which were made negotiable and transferable by indorsement and delivery, and any holder thereof was to be taken to be the owner or pledgee of the goods mentioned in the receipt for any advance or credits on the same, subject, however, to charges for storage. When goods were received it became necessary for some one to sign and deliver the warehouse receipt, and that duty was provided for in a by-law or resolution of the company, which was introduced in evidence. It provided that after…
2Cases cited4 opinions
- Bank of Batavia v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
- Moores v. Citizens' Nat. Bank of PiquaSupreme Court of the United States · 1884
- Goshen National Bank v. StateNew York Court of Appeals · 1894
- Titus v. President of the Great Western Turnpike RoadNew York Court of Appeals · 1874
3Cited by33 opinions
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Rochester & Charlotte Turnpike Road Co. v. PaviourNew York Court of Appeals · 1900
- Rogers v. . PellNew York Court of Appeals · 1898
- Hanover National Bank v. American Dock & Trust Co.New York Court of Appeals · 1896
- Havana Central Railroad v. Knickerbocker Trust Co.New York Court of Appeals · 1910
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