First National Bank of Batavia v. . Ege
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made on the first Tuesday of January, 1886, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made on the first Tuesday of January, 1886, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the material facts are sufficiently stated in the opinion. By the course of business between the parties, the technical rule that when a hank discounts a draft to which a bill of lading is attached, it acquires a special property therein, and that the consignee would, have no legal right to receive that property and dispose…
1Opinion of the Court
Ruger, Ch. J.
This action was brought by the alleged owner, to recover the value of certain personal property, claimed to have been wrongfully converted by the defendants. The conversion is alleged to have been established by proof, that the defendants had in their possession on the 9th day of June, 1881, the property claimed, and that the plaintiff then demanded the same, and they refused to deliver it. Such evidence would, of course, authorize a finding of conversion of the property, and if accompanied by evidence of title would justify the recovery. The claim of title by the plaintiff is…
2Cases cited1 opinion
- Commercial Bank of Keokuk v. . PfeifferNew York Court of Appeals · 1888
3Cited by6 opinions
- First State Bank of Aberdeen v. ThuetSupreme Court of Minnesota · 1903
- Houston Nat. Bank v. EldridgeAlabama Court of Appeals · 1919
- Manufacturers' Commercial Co. v. Rochester Ry. Co.New York Supreme Court · 1909
- Johnson v. ClarkIndiana Court of Appeals · 1898
- Manufacturers' Commercial Co. v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911
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