Colson v. . Arnot
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, setting aside a verdict for the defendant at the circuit, and granting a new trial. This action was brought by the plaintiff, after demand and refusal, to recover the possession of two county bonds of $300 each. The bonds were issued September 1st, 1864, and due March 1st, 1866, payable to the order of one Jonathan S. Boll, a volunteer in the military service of the United States.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, setting aside a verdict for the defendant at the circuit, and granting a new trial. This action was brought by the plaintiff, after demand and refusal, to recover the possession of two county bonds of $300 each. The bonds were issued September 1st, 1864, and due March 1st, 1866, payable to the order of one Jonathan S. Boll, a volunteer in the military service of the United States. Boll transferred them before maturity by an indorsement in blank and for a valuable consideration, to the plaintiff. The…
1Opinion of the Court
Earl, C.
It is undisputed that these bonds, with the indorsement thereon of the name of the payee, were negotiable by delivery, like promissory notes and bills of exchange. A thief or a finder could give title to them to a bona fide purchaser for value; and the same rules are applicable to them- which apply to other negotiable paper. (Bank of Rome v. Village of Rome, 19 N. Y., 20; Birdsall v. Russell, 29 N. Y., 220; Brainerd v. New York and Harlem Railroad Company, 25 id., 496.)
The indorsement of these bonds by the payee did not unalterably fix their character, so as to make them negotiable by…
2Cases cited6 opinions
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- Birdsall v. . RussellNew York Court of Appeals · 1864
- Belmont Branch of State Bank of Ohio v. HogeNew York Court of Appeals · 1866
- Bank of Rome v. . Village of RomeNew York Court of Appeals · 1859
- Dollfus v. FroschCourt for the Trial of Impeachments and Correction of Errors · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Porges v. United States Mortgage & Trust Co.New York Court of Appeals · 1911
- Tower v. StanleyMassachusetts Supreme Judicial Court · 1915
- Manhattan Savings Institution v. New York National Exchange BankNew York Court of Appeals · 1902
- Mohr v. J. C. Penney Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Wylie v. Missouri Pac. Ry. Co.U.S. Circuit Court for the District of Southern New York · 1890
2 more not listed; retrieve them via the Exa API.