Ballard v. . Beveridge
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 27, 1901, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. There has been no settlement or discharge of the cause of action alleged in the complaint for the conversion of - 400 shares of stock.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 27, 1901, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. There has been no settlement or discharge of the cause of action alleged in the complaint for the conversion of - 400 shares of stock. (Gould v. Cayuga Bank, 86 N. Y. 75; Kley v. Healy, 127 N. Y. 555 ; 5 Lawson’s Rights & Rem. § 2567; 1 Am. & Eng. Ency. of Law, 94, 97; Fuller v. Kemp, 138 N.…
1Opinion of the CourtMartin, J.
This controversy involves the question of the conversion' by the defendant of four hundred shares of the common stock of the American Tobacco Company. That these shares originally belonged to the plaintiff Duke, and that they, together with others, were delivered to the defendant as Duke’s attorney or broker to be used by him, so far as was necessary, as collateral security for loans to be procured by him for Duke, are facts not disputed in' this case. The defendant insists that the stock in suit was used by him in Duke’s business by delivering it to Hubbard, Price & Company, as he had…
2Cases cited9 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Weisser v. . DenisonNew York Court of Appeals · 1854
- Welsh v. . German American BankNew York Court of Appeals · 1878
- Wheadon v. OldsNew York Supreme Court · 1838
- Philips v. BeldenNew York Court of Chancery · 1833
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3Cited by3 opinions
- Delabarre v. McAlpinAppellate Division of the Supreme Court of the State of New York · 1905
- Los Angeles Bond & Securities Co. v. Superior CourtCalifornia Court of Appeal · 1934
- Price v. StoutAppellate Division of the Supreme Court of the State of New York · 1903