Degraaf v. . Wyckoff
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 11, 1886, which modified and affirmed, as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to recover damages for the alleged misappropriation of certain railroad bonds pledged to defendant as security for certain promissory notes indorsed by plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 11, 1886, which modified and affirmed, as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to recover damages for the alleged misappropriation of certain railroad bonds pledged to defendant as security for certain promissory notes indorsed by plaintiff. Defendant discounted the said notes, which amounted to $20,000. They were made by one Scofield and indorsed by plaintiff for…
1Opinion of the CourtPotter, J.
The theory of this action is that defendant, who held security for the payment of obligations on which plaintiff was liable as surety, surrendered those securities and took less valuable securities instead, without the consent of the plaintiff, whereby plaintiff was compelled to pay said obligations without the benefit of the surrendered security to re-imburse himself for such payment and thus was damnified. These allegations are denied by the defendant who, moreover, sets up as a bar to this action, that in an action brought by him in the Court of Common Pleas in the city of Hew York, to…
2Cases cited1 opinion
- Bates v. . RosekransNew York Court of Appeals · 1867
3Cited by7 opinions
- Mellen v. BanningNew York Supreme Court · 1893
- Reischfield v. ReischfieldNew York Supreme Court · 1917
- Dixon v. DixonWyoming Supreme Court · 1954
- Williams v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Nason Manufacturing Co. v. AdamsNew York Supreme Court · 1912
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