Denny v. Manhattan Co.
New York Supreme Court
Demurrer to" declaration. The: plaintiffs,' as trustees of the creditors of Joseph and Andrew Brown, appointed pursuant to proceedings' by attachment instituted against them as nonresident debtors on the 9th day of November, 1836 under- the provisions of "the' revised statutes, sued the- defendants in case for an alleged violation "of duty as the agents in New-York" of the Planters’ Bank of Tennessee, in' refusing' to • permit a transfer to the plaintiffs on the transfer…
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Demurrer to" declaration. The: plaintiffs,' as trustees of the creditors of Joseph and Andrew Brown, appointed pursuant to proceedings' by attachment instituted against them as nonresident debtors on the 9th day of November, 1836 under- the provisions of "the' revised statutes, sued the- defendants in case for an alleged violation "of duty as the agents in New-York" of the Planters’ Bank of Tennessee, in' refusing' to • permit a transfer to the plaintiffs on the transfer book of the Planters’ Bank kept by them, of two - hundred and eighty-one shares of the capital stock of that bank alleged…
1Per curiam
We entertain a pretty strong impression that the plaintiffs have failed to show a good title to the stock: but our decision will be put upon another ground, concerning which we have had no doubt from the moment the case was opened. If the plaintiffs have a cause of action against any one, it is not against the defendants, but against the Planters’ Bank of Tennessee. The defendants were not the agent of the plaintiffs and owed them no duty. They were the agent of the Planters’ Bank; and for a neglect to discharge their agency, they are answerable to their principal and to no one else. If third…
2Cited by18 opinions
- Montgomery County Bank v. . Albany City BankNew York Court of Appeals · 1852
- Pittsfield Cottonwear Manufacturing Co. v. Pittsfield Shoe Co.Supreme Court of New Hampshire · 1902
- Blackstock v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Labadie v. Hawley.Texas Supreme Court · 1884
- Salmon v. RichardsonSupreme Court of Connecticut · 1862
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