Dutchess County Mutual Insurance v. Hachfield
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. The bonds being negotiable securities the title thereto passed by delivery. (Dutch. Co. Mut. Ins.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. The bonds being negotiable securities the title thereto passed by delivery. (Dutch. Co. Mut. Ins. Co. v. Hachfield, 4 T. & C., 158.) Defendants were only bound to show that they were purchasers in good faith, even gross negligence would not have impaired their title. (Evertson v. Nat. Bk. of…
1Opinion of the Court
Church, Ch. J.
The action was replevin to recover five-bonds issued by the city of Poughkeepsie which had been. stolen from the plaintiff, about the 9th of October, 1869, and sold to the defendants a month later. The evidence was-that the defendants, who were brokers in New York, purchased them at ninety-six per cent, which was about the fair-value for them, and the contested question of fact was. whether the defendants purchased them in good faith. Tim bonds were negotiable and the rule is that a purchaser of such paper for value will be protected, unless the circumstances are such that an…
2Cases cited2 opinions
- Kerrains v. . People of the State of N.Y.New York Court of Appeals · 1875
- Welch v. . SageNew York Court of Appeals · 1872
3Cited by12 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Drew v. WheelihanSupreme Court of Minnesota · 1898
- Wrege v. JonesNorth Dakota Supreme Court · 1904
- Johnson County Savings Bank v. WalkerSupreme Court of Connecticut · 1909
- Pelly v. OnderdonkNew York Supreme Court · 1891
7 more not listed; retrieve them via the Exa API.