Marine Bank v. . Fiske
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 9 Hun, 363.) This was an action to recover for the alleged conversion of a quantity of wheat. On the 9th of November, 1871, Messrs. Nichols, Gibson & Holmer, of Chicago, purchased for “ O. L. Nims, agent,” 14,330 50-60 bushels of No. 3 Chicago wheat.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 9 Hun, 363.) This was an action to recover for the alleged conversion of a quantity of wheat. On the 9th of November, 1871, Messrs. Nichols, Gibson & Holmer, of Chicago, purchased for “ O. L. Nims, agent,” 14,330 50-60 bushels of No. 3 Chicago wheat. On the same day they caused it to be shipped on the propeller Empire State at Chicago fpr Buffalo, under a bill of lading in the usual form, by which it…
1Opinion of the CourtAllen, J.
At the time of the fabrication of the false bills of lading of wheat purporting to have been shipped by Nims at Buffalo on board the canal boats, Hattie Eliza and Littlefield, consigned to the defendants at New York for account of Nuns, and the acceptance and payment by the defendants of the drafts drawn by Nims against the supposed cargoes, the wheat which is the subject of this action was on board the Empire State in transit between Milwaukee and Buffalo, under the bill of lading which had been transferred to the plaintiff as a security for the payment of the note of Nims, discounted to…
2Cases cited1 opinion
- Dows v. National Exchange Bank of MilwaukeeSupreme Court of the United States · 1875
3Cited by7 opinions
- Bush v. Export Storage Co.U.S. Circuit Court for the District of Eastern Tennessee · 1904
- Zink v. . the PeopleNew York Court of Appeals · 1879
- Campbell & Clough v. AlfordTexas Supreme Court · 1882
- Stanton v. HawleyAppellate Division of the Supreme Court of the State of New York · 1920
- Meyer v. RedmondAppellate Division of the Supreme Court of the State of New York · 1910
2 more not listed; retrieve them via the Exa API.