National Bank of Deposit v. Rogers
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment in favor of- plaintiff, entered upon a verdict, and from an order denying a motion for a new trial upon the minutes of the court. Theuction was brought to recover chattels, commonly known as an “action of replevin.” The goods were purchased by Sardy, Coles & Co., in Europe, but were consigned to Perry, Rider & Co. customhouse brokers in New York.
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Appeal from a judgment in favor of- plaintiff, entered upon a verdict, and from an order denying a motion for a new trial upon the minutes of the court. Theuction was brought to recover chattels, commonly known as an “action of replevin.” The goods were purchased by Sardy, Coles & Co., in Europe, but were consigned to Perry, Rider & Co. customhouse brokers in New York. After the arrival of the goods in New York, and while they were still in the customhouse and the duties thereon remained unpaid, and on the 31st day of August, 1891, Sardy, Coles & Co., borrowed from plaintiff $3,000 to be…
1Opinion of the CourtWilliams, J.
—The evidence was sufficient to sustain the verdict of the jury as to the indentity of the goods, to recover *535which the action was brought. The real question is whether the trial court was justified, upon the evidence, in holding that plaintiff’s title or right to possession o£ the goods covered by the trust agreement, socalled, was conclusively established so as to enable it to maintain this action. There was substantially no dispute as to the facts, and the question was therefore correctly regarded as one of law, for the trial .court. The goods were never actiually delivered to the…
2Cases cited4 opinions
- Deeley v. . DwightNew York Court of Appeals · 1892
- Western Railroad Co. v. . BayneNew York Court of Appeals · 1878
- Wheeler v. . AllenNew York Court of Appeals · 1872
- Haas v. AltieriNew York Court of Common Pleas · 1893