Laverty v. . Snethen
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of ¡New York, affirming a judgment uf the General Term of the Marine Court of the city of Mew York, which affirmed a judgment in favor of defendant, entered upon a verdict. This action was for the alleged conversion of. a promissory note, the property of plaintiff, made by one Holly, payable to plaintiff’s order. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of ¡New York, affirming a judgment uf the General Term of the Marine Court of the city of Mew York, which affirmed a judgment in favor of defendant, entered upon a verdict. This action was for the alleged conversion of. a promissory note, the property of plaintiff, made by one Holly, payable to plaintiff’s order. The facts appear sufficiently in the opinion. Defendant’s act in parting with the note did not amount to a conversion. (Dufresne v. Hutchinson, 3 Taunt., 117; Moore v. McKibber, 33…
1Opinion of the Court
Church, Ch. J.
The defendant received a promissory note from the plaintiff made by a third person and indorsed by the plaintiff, and gave a receipt therefor, stating that it was received for negotiation, and the note to be returned the next day or the avails thereof. The plaintiff testified in substance that he told the defendant not to let the note go out of his reach without receiving the money. The defendant, after negotiating with one Foote about buying the note, delivered the note to him under the.promise that he would get it discounted, and return the money to defendant, and he took away…
2Cases cited4 opinions
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- McMorris v. SimpsonNew York Supreme Court · 1839
- Scott v. . RogersNew York Court of Appeals · 1864
- Spencer v. BlackmanNew York Supreme Court · 1832
3Cited by92 opinions
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- State v. RossOregon Supreme Court · 1909
- Doris Filner v. Samuel Shapiro and Southwestern Alloys CorporationCourt of Appeals for the Second Circuit · 1980
- Employers' Fire Insurance v. CottenNew York Court of Appeals · 1927
- Refrigeration Discount Corp. v. CatinoMassachusetts Supreme Judicial Court · 1953
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