Xenia Branch Bank v. Lee
The Superior Court of New York City
I. October, 1858. Motion to strike out a counter-claim, from an answer. The action was brought to recover damages for an alleged conversion of certain bills of exchange.
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I. October, 1858. Motion to strike out a counter-claim, from an answer. The action was brought to recover damages for an alleged conversion of certain bills of exchange. The complaint of the plaintiffs, a corporation created by the laws of Ohio, alleged that they became possessed of certain bills of exchange and acceptances (which they enumerated), by taking and discounting them in the regular course of business; that, to facilitate the collection of them, they indorsed and transmitted them to their agent, the Ohio Life Insurance and Trust Company, at its office in Mew York ; that…
1Opinion of the Court
Br the Court.*—"Woodruff, J.
—The plaintiffs herein, by their complaint, alleged the drawing of sundry bills of exchange, in the State of Ohio, by various drawers : the discounting of such bills by the plaintiffs in regular course of business, whereby they became the lawful holders and owners thereof: the indorsement of the said bills by them to the Ohio Life and Trust Company for collection, and the transmission thereof to the said company at Hew York for that purpose only : the transfer and delivery of the bills to the defendants in this suit by the said company, unlawfully, without…
2Cases cited1 opinion
- Pattison v. RichardsNew York Supreme Court · 1856
3Cited by18 opinions
- Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
- Roberts v. DonovanCalifornia Supreme Court · 1886
- Story & Isham Commercial Co. v. StoryCalifornia Supreme Court · 1893
- Wyman v. HerardSupreme Court of Oklahoma · 1899
- Ritchie v. HaywardSupreme Court of Missouri · 1880
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