Robinson v. . Chemical National Bank
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 July 1, 1880, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought by plaintiffs, as trustees under the will of Margaret Douglass, deceased, for the alleged conversion of a check. The material facts 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 July 1, 1880, which affirmed a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought by plaintiffs, as trustees under the will of Margaret Douglass, deceased, for the alleged conversion of a check. The material facts are stated in the opinion. The plaintiffs had not the legal title or the right to the possession of the check in question. (1 Chitty’s Pl. 170; Sheldon v. Soper, 14 Johns. 352; Fulton v. Fulton, 48 Barb. 581; Chitty…
1Opinion of the CourtEarl, J.
We have carefully read the evidence in this case, and we cannot say that any of the findings of facts by the referee are wholly unsupported by it. His findings were reviewed at the General Term, and were there sustained, and they therefore conclude us. The following facts must therefore be taken as conclusively established. In and prior to 1869, Harriet Douglass Gruger and Thomas M. Beare were the trustees under the last will and testament of Margaret Douglass, deceased, and as such had the charge and control of the building No. 7 Pine street in the city of New York, and also of other…
2Cases cited3 opinions
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Thomson v. . Bank of British North AmericaNew York Court of Appeals · 1880
- Graham v. United States Savings InstitutionSupreme Court of Missouri · 1870
3Cited by28 opinions
- Wagner Trading Co. v. Battery Park National BankNew York Court of Appeals · 1920
- Porges v. United States Mortgage & Trust Co.New York Court of Appeals · 1911
- Havana Central Railroad v. Knickerbocker Trust Co.New York Court of Appeals · 1910
- A. Blum Jr.'s Sons v. WhippleMassachusetts Supreme Judicial Court · 1907
- National Bank of the Republic v. Old Town Bank of BaltimoreCourt of Appeals for the Seventh Circuit · 1902
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