MacDonnell v. Buffalo Loan, Trust & Safe Deposit Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 1, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and an order granting an extra allowance of costs.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 1, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and an order granting an extra allowance of costs. The plaintiff has recovered damages against the defendant for the alleged conversion of ten bonds which were each of the par value of $1,000. The judgment appealed from represents their face value with interest. On the- 15th day of September, 1886, the board of directors of the Medina Gas Light Company adopted a…
1Opinion of the CourtWerner, J.
The legal conclusion that the defendant converted the bonds in suit is based upon findings of fact which are amply supported by the evidence. All of the learned justices of the Appellate Division w*ho sat in the case agreed that there had been a conversion of the bonds, but differed as to the time when it was effected. Four of the justices were of the opinion that the conversion took place when the defendant transferred the bonds to the G-erman-American Bank on December 27th, 1890, and one of them thought that the conversion was consummated when Stranahan pledged the bonds to the defendant on…
2Cases cited8 opinions
- Zartman v. First National BankNew York Court of Appeals · 1907
- Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- People v. . BootmanNew York Court of Appeals · 1904
- National Bank of Deposit v. . RogersNew York Court of Appeals · 1901
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3Cited by76 opinions
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- St. John's University, New York v. BoltonDistrict Court, E.D. New York · 2010
- Chunn v. AmtrakCourt of Appeals for the Second Circuit · 2019
- Doris Filner v. Samuel Shapiro and Southwestern Alloys CorporationCourt of Appeals for the Second Circuit · 1980
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