Clowes v. Hawley
New York Supreme Court
THIS was an 'action of traver, tried "at fire Rensselaer circuit, , ' - . ' ‘ ‘ . m Jime. 1815. before Mr. Justice PlátU Thé declaration ' . I , „ > , ' contained two counts.
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THIS was an 'action of traver, tried "at fire Rensselaer circuit, , ' - . ' ‘ ‘ . m Jime. 1815. before Mr. Justice PlátU Thé declaration ' . I , „ > , ' contained two counts. The first statéd; that the plaintiff, -on the 18 th °f April., 1812. was possessed of á bond, executed by the defendant to -Hiram Clowes, dated the 20th of May, 1809,- for the shm-of l ,000 dollars, cohditioiied to; convey,to the-.Obligee or his assigns, the equal and undivided moiety' of a lot of land in Troy ; which bond, being in full force, was; afterwards, by the said Hiram Clowes, in his lifetime,: duly assigned,…
1Per curiam
As to the count on the conversion of the bond, the only point for consideration, is, whether the judge was correct in ruling-that the.plaintiff was entitled to recover nominal damages only. , We must consider the conversion as proved, because no objection was taken to the proof of- it at the trial.' By the assignment of the bond: to the plaintiff, by the obligee, "he acquired an interest in- it, which courts of law will protect; ■and it is no answer to this action, to say, that the plaintiff might have sued directly on the bond, in the name of the obligee, or proceeded in equity for a…
2Cited by3 opinions
- Exeter Bank v. GordonSuperior Court of New Hampshire · 1835
- Pierson v. Townsend & TownsendNew York Supreme Court · 1842
- Smith v. ColeNew York Supreme Court · 1886