Mead v. . Bunn
New York Court of Appeals
The action was for the conversion of a promissory note, executed by Stevens and others to the plaintiff, and by him pledged to the defendant. The plaintiff united with one Orydenwise in the execution of a bond to the defendant, accompanied by a mortgage from Orydenwise. Before the principal sum became due, the mortgagor, in the course of making improvements on the premises, cut ten of the trees then growing on the mortgaged property.
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The action was for the conversion of a promissory note, executed by Stevens and others to the plaintiff, and by him pledged to the defendant. The plaintiff united with one Orydenwise in the execution of a bond to the defendant, accompanied by a mortgage from Orydenwise. Before the principal sum became due, the mortgagor, in the course of making improvements on the premises, cut ten of the trees then growing on the mortgaged property. The defendant availed himself of the occasion to threaten the obligors with a suit in equity, and falsely represented that the mortgage contained a provision by…
1Opinion of the CourtPorter, J.
The note, for the conversion of which the action was brought, was originally the property of the plaintiff. He continued to be the owner at the time this suit was commenced, unless his interest had passed by an effectual transfer to the defendant.
The facts on which the appellant rests his claim, are these: He held a bond executed by the plaintiff, and one Crydenwise, on the 8th of December, 1857, accompanied with a mortgage from the latter, covering a farm owned by Crydenwise, and securing the payment of §1,053 on the 1st of April, 1859, with interest payable annually on the first of April.
In…
2Cited by79 opinions
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- Spreckels v. GorrillCalifornia Supreme Court · 1907
- Roslyn Friedman, Individually and for All Other Persons Similarly Situated v. William MeyersCourt of Appeals for the Second Circuit · 1973
- Judd v. WalkerSupreme Court of Missouri · 1908
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