Campbell v. Parker
The Superior Court of New York City
Appeal from a judgment ordered in favor of the defendant, for costs, on dismissing the complaint, at the trial. The action was brought for the conversion, by the defendant, of a bond made by Charles.
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Appeal from a judgment ordered in favor of the defendant, for costs, on dismissing the complaint, at the trial. The action was brought for the conversion, by the defendant, of a bond made by Charles. H. Kitchel to Ten Eyck and Cochran, (the assignors of the plaintiff) conditioned to pay, on demand, the sum of four thousand dollars; and also of a mortgage of even date with the bond, upon a house and lot in Brooklyn, which bond and mortgage were alleged to be of the value of four thousand dollars. In the year 1858, Ten Eyck and Cochran, the mort- . gagees, borrowed of Kellogg & Parker, (of…
1Opinion of the Court
By the Court—Monell, J.
If this action can be maintained for the conversion of the bond and mortgage tinder the facts offered to be proved on the trial, I think the evidence of the conversion was sufficient. The assignment of the bond and mortgage to Beach, without demand or notice to the plaintiff’s assignors, was in violation of their rights, and of itself, a conversion. Besides, it put it beyond the defendant’s power to reassign, and no demand was necessary. (Delamater v. Miller, 1 Cow., 75; Hall v. Robinson, 2 Comst., 293; Dykers v. Allen, 7 Hill, 498.)
Although the assignment of the bond…
2Cases cited11 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Stearns v. MarshNew York Supreme Court · 1847
- Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Green v. HartNew York Supreme Court · 1806
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3Cited by5 opinions
- In Re the Estate of GilbertNew York Court of Appeals · 1887
- O'Dougherty v. . Remington Paper Co.New York Court of Appeals · 1880
- In re the Estate of StupackNew York Surrogate's Court · 1935
- Luckey v. GannonThe Superior Court of New York City · 1869
- Gitlin v. SchneiderNew York Supreme Court · 1964