Whitaker v. Merrill
New York Supreme Court
MOTION by the plaintiffs for judgment on a verdict taken, subject to the opinion of the supreme court. Also, motion by the defendants for judgment in their favor, on the case. The action was brought for the conversion by the defendants of three negotiable promissory notes, amounting in the aggregate to $2101.42 of principal, made by Daniel Tompkins, and payable to Clinton Evans or bearer, the assignor of the plaintiffs.
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MOTION by the plaintiffs for judgment on a verdict taken, subject to the opinion of the supreme court. Also, motion by the defendants for judgment in their favor, on the case. The action was brought for the conversion by the defendants of three negotiable promissory notes, amounting in the aggregate to $2101.42 of principal, made by Daniel Tompkins, and payable to Clinton Evans or bearer, the assignor of the plaintiffs. The notes bore date July 17th, 1854; one being for $814.63 and interest, payable nine months from date; one for $814.63 and interest, payable twelve months from date; and the…
1Opinion of the Court
By the Court, Welles, J.
The view I take of this case renders it unnecessary to consider any of the questions presented and discussed upon the argument, excepting the effect of the attachment issued against the property of Clinton Evans, in the action commenced by the defendants against Evans and Smith, and the seizure of the notes thereon. The attachment was issued on the 3d day of August, 1854, and, as appears by the sheriff’s return, the notes in question were levied upon by virtue of it the same day. The case does not show at what time the witness Converse demanded the notes of the…
2Cases cited2 opinions
- Putnam v. ManNew York Supreme Court · 1829
- Allen v. MartinNew York Supreme Court · 1833
3Cited by4 opinions
- Lathrop v. SingerNew York Supreme Court · 1863
- Mason v. BreslinThe Superior Court of New York City · 1870
- Wilcox v. HochNew York Supreme Court · 1862
- Roberts v. Stuyvesant Safe Deposit Co.New York Supreme Court · 1886