German Bank of London, Ltd. v. Dash
New York Supreme Court
Motion to set aside an attachment.
1Opinion of the CourtDaniels, J.
The affidavit made on hehaff of the plaintiff and the receipts annexed to it establish the facts that the defendants had in store for the plaintiff 4,870 bags of coffee, to be held for it, hut with liberty to sell it and to pay the plaintiff ont of the proceeds the amount due to it upon bills of exchange which it had discounted on the security of the property. The affidavit shows that the defendants afterwards sold the coffee and made use of the proceeds, which were more than sufficient to pay the drafts, in their business, and in that manner appropriated them to their own use. Upon these…
2Cases cited1 opinion
- Douglass v. HowlandNew York Supreme Court · 1840
3Cited by2 opinions
- Empire Warehouse Co. v. MallettNew York Supreme Court · 1895
- German Bank v. MeyerNew York Supreme Court · 1889